CONTRACTS I N
PROFESSOR JANICE KOSEL
FINAL EXAMINATION
FALL 2002

1. This is a closed book exam.

2. You have three (3) hours to complete this exam.

3. There are two parts to this exam:
4. If you believe you require any additional factual information to answer the question, please specify what that information is and how it would affect your answer.

5. Remember to read, think, analyze, and organize your answer before you begin to write.

6. Write your exam number on your exam envelope, at the top of this exam question packet, on all used blue books, and on your ParSCORE answer sheet. Do not use your student ID number, or Social Security Number on any exam materials.

7. At the conclusion of the exam, return all test materials, including blue books, ParSCORE answer sheet, scratch paper, and this exam question packet to the envelope and submit it to the proctor.


Have a happy holiday!

PART I: ESSAY

Billy Boss, a contractor, made Debbie, his foreperson, an offer she couldn't refuse. If she would forego her usual quiet lunch alone in her truck once a week and instead dine at a fancy restaurant, at his expense, with the county building inspector assigned to the current job, Billy would not only pay her overtime but also treat her to a skydiving adventure. Debbie, a real daredevil, agreed -- but emphasized that all she was promising was lunch and conversation, nothing more.

Debbie dutifully dined with the building inspector a dozen times, until the project was completed. Now Billy has reneged on his promise of skydiving because the local district attorney is investigating so called payoffs by his construction company.

Last weekend Debbie took the jump anyway, at her own expense. She would have been embarrassed not to because she had told so many people about it. The costs were:
 Can Debbie recover these costs from Billy? Why or why not? If Debbie had consulted you earlier, what advice would you have given her? Stick to contracts issues only and leave other legal issues for co-counsel.