FINAL EXAM
CONTRACTS §LS-3A, §LS-3B, AND §LS-5
PROFESSOR JANICE KOSEL
FALL 2004
1. You have three (3) hours to complete this exam. You may allocate your time
as you wish.
2. This is a closed book exam.
3. There are two parts to this examination—multiple-choice and essay.
PART I: The multiple-choice segment is worth 1/3
of your grade. Indicate the best answer on the separate “ParSCORE TEST
FORM” using pen or pencil and following the instructions on that form.
If you change your answer, place a clear X through the wrong
answer and mark the correct answer. A machine will score the exam and any ambiguities
will be counted as a wrong answer.
PART II: The essay segment is worth 2/3 of your grade. If you
believe you lack sufficient facts to answer the question, please specify what
additional information you require and how it will affect your answer. Please
answer the essay question in the blue books provided to you. Write only on the
right hand side of the page (skipping a page each time) and double-space your
work. Please write clearly.
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. At the conclusion of the exam, return all test materials, including blue
books, ParScore answer sheet, scratch paper, and this exam packet to the 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.
6. Good luck and have a great holiday!
PART II
Ollie was a temporary office worker hired for a very chaotic day in the Admissions
Office at State University – the day offers of admission were mailed to
prospective students. Unfortunately, Ollie was a little careless and mailed
acceptances to a pile of students who had been rejected and rejections to a
pile of students who had been accepted.
Annie the Admissions Director didn’t realize the mistake for three days.
Then she started receiving deposits from prospective students she had intended
to reject.
1. Eager Eddie mailed back the nonrefundable deposit of $500 by return mail.
He immediately turned down the offers of two lower tier schools – one
of which had offered him a scholarship of $5,000.
What will the legal consequence be if State U reneges on its offer of admission
to Eddie?
2. Sad Sally told all of her friends about her admission to State U. She ordered
$500 of logo merchandise from their online bookstore, including a sweatshirt
for her mother labeled “State U Mom.” Sally is humiliated beyond
belief at the prospect of telling everyone that Annie the Admissions Director
telephoned to revoke the acceptance before Sally had gotten around to sending
her deposit.
What are the legal consequences of State U reneging on its offer of admission
to Sally?
3. Acquiescent Allan has decided to make the best of things. Although he mailed
his deposit the day he received his acceptance, in light of the controversy
he has decided to go to community college for a year or two and then, hopefully,
transfer to State U. Unfortunately, State U accepted Allan on condition that
he pass a calculus course before he enrolled. As a result, Allan paid a nonrefundable
$1,000 tuition fee for a summer course at a local college. Now he wants to cancel
that contract.
Advise Allan.
END OF EXAM