How to Ace FYLSE/October 2013 Exam
With J (wedding chapel), O (florist) had a 5-year requirement contract and in the last 3 years O sold J 300-1,500 roses per year. Then, with 2 years remaining, J anticipatorily repudiated the contract for financial problem.
A (event hall) emailed O an order for 1,000 white stems to O without specifying price or type. A expected roses but O instead sent orchids which are the only available “white stems” then and A accepted them without inquiry about substitutes. O billed A twice that of roses and A refused to pay.—October 2013 FYLSE Question 1
- O v. J
- O v. A
O v. J
- Merchant-florist and wedding chapel
- UCC applies
- Mutual Assent
- Consideration (requirement contract)
- Statute of Frauds (written)
- Anticipatory repudiation
- Lost volume seller
O v. A
- Merchant-florist and event hall
- UCC applies
- Offer (indefiniteness, reasonable standard)
- Acceptance (nonconforming goods; perfect tender rule)
- Statute of Frauds (substantial performance exception)
- Refusal to Pay
- Mistake (unilateral)
A thought E cheated A of pay and asked B to open a locked drawer in E's desk to get E's embarrassing secret documents and pressure E to pay A. B agreed to help.
A and B went and opened the drawer when E came. Surprised, A chased Bob onto a balcony and pushed him and Bob fell over the balcony railing and landed on D which killed D.—October 2013 FYLSE Question 2
- State v. A
- State v. B
- State v. E
State v. A
- Alma's Solicitation of Burglary, or In the Alternative Larceny, and Extortion, Merges with the Target Crimes.
- Alma May be Guilty of Burglary.
- Alma May be Guilty of Attempted Extortion.
- Alma's Defense Against the Agreement of Conspiracy Likely Fails.
- Alma's Lack of Specific Intent Defense to Burglary, Larceny, and Extortion Fails.