2. Part I consists of 25 multiple choice questions to be answered in the first hour of the exam
period. The multiple choice section is 14 pages on goldenrod paper. Indicate the best
answer on the ParSCORE Test Form provided. The Part I questions and answer form must
be returned to the exam envelope at the end of one hour, or earlier. If you finish Part I early,
you may move on to Part II. To move on, put the Part I questions and answer sheet in the
exam envelope and then raise your hand. A proctor will bring you Part II. After one hour,
the proctors will call "time" for the multiple choice section, and all students must return the
Part I questions and answer sheet to the exam envelope. Students should remain seated while
the proctors hand out Part II.
NOTE: You will not have access to the Part I Questions or answer form while working on Part H of the
exam.
4. The multiple choice questions, first essay and second essay are of approximately equal weight.
5. Please write legibly. I will not give you credit for words I cannot read.
6. Unless the question indicates otherwise, answer using laws of general application, including discussion of any applicable split of authority.
7. A complete discussion of an essay questions requires consideration of potentially applicable privileges or defenses, if any.
8. ALL EXAM PAPERS - INCLUDING THE PART I ANSWER FORM, BLUE BOOKS FOR PART II, THE EXAM QUESTIONS AND ALL NOTES - MUST BE RETURNED IN THE ENVELOPE AT THE END OF THE EXAM.
9. Good luck, and happy holidays!
PART II
Question 1
(One Hour)
Beginning in the mid-1980s, housing prices in Seavicw Park increased dramatically. As prices skyrocketed, neighborhoods like View Point became attractive to professionals seeking to buy housing at more reasonable prices. By 1990, the character of the neighborhood had changed, as older residents moved away and sold their homes to younger professionals who were eager to buy homes in View Point at prices well below the market price for comparable houses in other neighborhoods. By the late 1990s, View Point had become known as one of Seaview Park's "hot" neighborhoods, with a corresponding increase in housing prices.
VPYC continued its work in View Point. While VPYC continued to have a positive impact on the local dropout rate and helping runaway teens, as time went on, the troubled youth serviced by VPYC became more difficult for VPYC to manage. Groups of young people often clustered in neighboring yards, smoking cigarettes, playing loud music and using loud, profane, and abusive language.
Karen Carlson is a graphic designer who works out of an office in her home in View Point, next to VPYC. She bought her home four years ago, just before the housing values skyrocketed in View Point. Until six months ago, Karen had been a volunteer for VPYC, permitting girls who were interested in design to spend time in her office. Karen ended her association with VPYC after telling the director that the girls were "too rowdy and have bad attitudes." Recently, Karen has been so distracted by noisy youth in her yard that she has had difficulty concentrating on her work. Twice in the last two weeks, Karen has called the police. The police officers dispersed groups of teens from her yard pursuant to a local noise ordinance, but they did not arrest or prosecute anyone. The police action brought peace and quiet, but only temporarily.
Karen has decided to file a lawsuit. What are the rights and remedies, if any, of Karen against VPYC?
Question 2
(One Hour)
When Wendy inspected Justin's work on April 1, she was horrified to discover that the hardwood floors were a darker wood than she had expected and that the paint used on the interior walls was "much darker" than she had expected. Fearing that the atmosphere of the restaurant was dark rather than "airy and light", Wendy demanded that Justin redo the floors and walls. This work involved taking out and replacing two floors of hardwood, as well as wood on a staircase, and repainting all interior walls in the dining areas. Justin refused to do the additional work, arguing that he had provided the materials specified in the contract. On May 1, Wendy hired DuBois, Inc. to repair and complete the work at a cost of $15,000. DuBois could not begin work until June 1, and it completed the project on July 15. Although there was no difference in the value of the restaurant with darker wood and paint compared with lighter wood and paint, Wendy was much happier with the lighter colors.
Once the renovations were completed and final preparations were made, Wendy City opened on August 1. Unfortunately, the opening day was a disaster. A waitress tripped and fell, dropping a tray of food into the lap of a patron. The patron was a famous movie star, Brad Ditch. Angered by the incident, Brad left in a huff, leaving his briefcase in the restaurant. The briefcase contained Brad's personal journal which was full of juicy revelations about his personal life. An unscrupulous Wendy City patron named Nixon took the briefcase. After one week, he discovered Brad's journal. After reading the journal, Nixon sold it to The National Intruder, a tabloid newspaper, for $60,000. Nixon used the proceeds of the sale to fund the construction of an addition to the home of his elderly Aunt Mabel.
1. What are the rights and remedies, if any, of Wendy against Justin Designs? Discuss, and include in your discussion whether specific pcrfonnance would have been an appropriate remedy before Wendy hired DuBois.
2. What are the rights and remedies, if any, of Brad against Nixon and Aunt Mabel? Discuss.