Download Contract Law Examination: Breach of Contract Cases and more Exams Contract Law in PDF only on Docsity! - CONTINUE EXAMINATION NEXT PAGE - CREIGHTON UNIVERSITY SCHOOL OF LAW CONTRACTS I FALL SEMESTER EXAMINATION Professors Anderson, Shkolnick & White Wednesday, December 10, 1997 PART I Page 1 of 5 INSTRUCTIONS: THIS IS A THREE-HOUR CLOSED BOOK EXAMINATION. EACH PART HAS BEEN ALLOTTED ONE AND ONE-HALF HOURS. BOOKS, STUDY NOTES, OUTLINES AND ANY OTHER MATERIALS ARE NOT PERMITTED IN THE EXAMINATION ROOM. YOUR ANSWERS MUST BE SUPPORTED BY YOUR REASONS. THE TIMES INDICATED REPRESENT OUR ESTIMATE AS TO THE TIME YOU SHOULD ALLOCATE TO EACH QUESTION. PLACE YOUR EXAM NUMBER, SECTION, PROFESSOR'S NAME AND COURSE TITLE ON EACH BLUE BOOK. IF YOU WRITE MORE THAN ONE BOOK, NUMBER THE BOOKS, e.g., 1 of 2, 2 of 2. PLEASE WRITE ON EVERY OTHER LINE OF THE BLUE BOOK. QUESTION NO. 1: (Suggested Time: 30 minutes) In March of 1997, Selor, who lived in Chicago, placed the following in the Omaha newspaper: Wahoo, Nebraska vicinity, 40 acres, suitable for development. Need cash! Will sacrifice!! For information contact...(Selor's name and address). Byer, who lived in Omaha, wrote Selor on March 24, asking about the property. Selor replied: March 28, 1997 Dear Byer: The property is the old Andrews place and...(giving directions as to how to get there from Omaha)... My rock bottom price for the property is $25,000 cash. This is a form letter. (Signed) Selor On April 7, Byer wrote to Selor saying that he was not sure that he had found the property, asking for the legal description, asking whether the land was all level or whether it included certain jutting rock hills, and suggesting a certain bank as escrow agent "should I desire to purchase the land." CONTRACTS I FALL SEMESTER EXAMINATION Professors Anderson, Shkolnick & White Wednesday, December 10, 1997 PART I Page 2 of 5 - CONTINUE EXAMINATION NEXT PAGE - QUESTION NO. 1: (continued) Selor replied: April 9, 1997 Dear Byer: From your description you have found the property. The bank you have suggested is fine with me if we agree as to a sale. The land is fairly level and the legal description is...(legal description)....If you are really interested you will have to act quickly as I expect to have a buyer within a week. (Signed) Selor Byer received this letter on April 11. On April 14, Selor sold the property to a third party for $25,000 and wrote Buyer advising him of the sale. This letter was received by Byer on April 18. On April 17, Byer mailed a letter to Selor stating, among other things: "I accept your offer and have deposited $25,000 with the bank." Byer consults you as to a possible action against Selor for breach of contract. Please analyze and discuss. QUESTION NO. 2: (Suggested Time: 35 minutes) Buyer, the owner of a steel fabrication company consults you concerning some problems she is having with one of her suppliers. A) Buyer uses a particular steel alloy in her fabrication of drumming machines. This alloy, called X-Z alloy in the trade, is available from several different suppliers. Buyer wrote Logan, a supplier of X-Z alloy, asking for Logan's current price on X-Z alloy and received the following document from Logan:
