FINAL EXAMINATION
CONTRACTS §Y AND §Z
PROFESSOR JANICE KOSEL
FALL 2003

1. You have three (3) hours for this exam. You may allocate your time as you wish.

2. This is a closed book exam.

3. There are 2 parts to this exam:

4. Write your exam number on your exam envelope. Put your correct class section and student exam # at the top of this page, each page of questions, each blue book, and the “ParSCORE TEST FORM.” Do not use your name, student ID number or Social Security Number on any exam materials.

5. Read, think and analyze before you begin to write.

6. Please write clearly. Write on every other page to permit instructor comments.

7. At the conclusion of the exam, return all exam materials to the exam envelope and submit it to the proctor. Do not seal the envelope. Students who do not return all exam materials at the end of the exam, may not be graded.

GOOD LUCK and have a great holiday!

 


PART II

Cassandra was a candidate for governor. She was an experienced politician and knew that fundraising was the name of the game. Without a lot of money, the best candidate in the world would be defeated. And, with enough money, even Cassandra could be elected.

Raising money was difficult in the best of times. During a recession, it was a real challenge. In the heat of the campaign, Cassandra made a promise to Don, a potential contributor – a judgeship in exchange for $10,000 contributions from Don, his wife, and minor child. Don and his family had donated at least $10,000 to each of Cassandra’s six past campaigns, and, unbeknownst to Cassandra, he planned to donate $30,000 this time anyway. Don requested a writing to confirm their understanding. Cassandra heatedly refused, questioning why Don could doubt her integrity. The $30,000 in donations was duly made and acknowledged and three weeks later Cassandra was elected.

In her first six months in office, Cassandra made dozens of appointments to the bench and various boards and commissions. Don patiently waited his turn. Finally, he received a phone call from Cassandra’s appointments secretary notifying him that, at the request of Cassandra, he had been named a judge for this year’s state beauty pageant.

Beauty pageant judges receive no formal compensation but are given a goodie basket worth approximately $31,000. State court judges earn an annual salary of approximately $140,000. Don’s current annual salary at his law firm is $400,000.

Don is irate. He has consulted you, an associate in his firm specializing in contracts law. Advise Don.

END OF EXAM