Contracts Final Exam 
Kosel
May 13, 2000

 

 

 

PART II - ESSAY QUESTIONS

 


Alien Garcia is a recent immigrant to the United States. He is the sole survivor of a group of friends and family who attempted to flee Cuba by water. Little Alien has been living with relatives in Miami.


A. Alien's father has been attempting to regain custody of him since Alien was rescued last Thanksgiving. The Miami relatives said that all Alien's father had to do was come to the U.S. Finally, Alien's father came to Washington, DC in April.  Then, the Miami relatives announced that Alien's father must come to Miami.  Then, as negotiations continued, the Miami relatives demanded a shared custody arrangement - with Alien, his father, and the Miami relatives sharing living accommodations until the court decided if little Alien could remain in the U.S.

Discuss the contract aspects only of the dispute.


B. The U.S. Justice Department rescued little Alien from the Miami relatives and brought him to his father in Washington, DC. This greatly disappointed the neighbors of the Miami relatives. For the last five months they have grown accustomed to the extra income of $300 a day they garnered by renting driveways and lawns to the media. Now that little Alien is no longer in residence, the media is no longer interested in the site. Even though the contracts have another seven months to run, the media has stopped paying.

Advise the neighbors of the Miami relatives.


C. The fisherman who rescued Alien was hired by a party fishing boat operator last December. He quickly became a popular tourist attraction, so the party fishing boat operator signed the fisherman up to a one-year contract.

Unfortunately, when the fisherman was photographed hiding in the closet with little Alien, the truth came out. Before December the fisherman had never been employed as a fisherman at all. Indeed, until Alien's rescue at sea the fisherman was employed as a house cleaner. When the party fishing boat operator read this information in The Star, he fired the fisherman from his job.

Advise the fisherman.