ITT: U teach me how to attack K breach questions

(Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . . . )
Leeroy Jenkins
Posts: 1003
Joined: Sat Jun 07, 2008 10:19 pm

Re: ITT: U teach me how to attack K breach questions

Postby Leeroy Jenkins » Mon May 03, 2010 9:04 am

You also missed severability (part of condition), but other than that you seem to have covered most everything. It's jsut that since you used the broad terms to cover mostly everything that fits under defense to breach it's hard to tell if you, in fact, have covered everything (at least in your head)

User avatar
OperaSoprano
Posts: 4410
Joined: Tue Nov 25, 2008 1:54 am

Re: ITT: U teach me how to attack K breach questions

Postby OperaSoprano » Mon May 03, 2010 9:19 am

<3 good luck betasteve!

Leeroy Jenkins
Posts: 1003
Joined: Sat Jun 07, 2008 10:19 pm

Re: ITT: U teach me how to attack K breach questions

Postby Leeroy Jenkins » Mon May 03, 2010 9:28 am

That looks complete, beta. Just take your time, make a checklist at the start of your exam covering the major points of Contracts and run through it for each question. It's really not that horrible (:

Leeroy Jenkins
Posts: 1003
Joined: Sat Jun 07, 2008 10:19 pm

Re: ITT: U teach me how to attack K breach questions

Postby Leeroy Jenkins » Mon May 03, 2010 9:56 am

betasteve wrote:Couple quick questions:
1) Let's say A promises to pay B $50 for B to mow A's yard. Implied condition is obviously there, that A's duty to pay does not arise until B mows the yard. But what if A, prior to B mowing the yard, says that he is not going to pay.
Does B's cause of action arise immediately (assuming he can show he was ready, willing, and able?)? I.e. can a party make an anticipatory repudiation of their duties which have not yet arisen and are not yet due?
I feel like yes, but at the same time, it seems a little off in my head.

I would say the contract is unilateral, as A makes a promise conditional on B's performance. Until B completes performance, A may renounce his promise at any time without incurring liability under the common law, under the Restatement if B begins performance A can't renounce without incurring liability. If it's a bilateral promise on promise, then I think the breach is anticipatory, and B can sue immediately if he can show A wasn't going to pay (current trend in law), or he must mow the lawn before asserting breach (traditional common law)

2) Let's say I go to best buy and buy big screen and installation. The contract says "best buy agrees to sell to betasteve (1) flatscreen 50" tv for $1500 and (1) installation package for wall mounting for $500. There are no warranties, express or implied."
So let's say that tv comes in, delivered, and as soon as I turn it on... it blows up.
So: First issue for me would be—Is this Art.2 or not. So, could I treat this K as divisible, and assume the tv purchase is an article 2? That would allow me to argue that implied warranty of merchantability was not waived, and that there was a breach of that implied warranty. We didn't cover divisibility between article 2 and services, but we did cover divisibility generally (re: conditions)
The way I have it would be:
Not divisible between article 2 and services: Selling me the roofing material and the service on putting on new roof. Reason: WTF would I do with a fuckton of shingles?
Divisible between article 2 and services: the best buy agreement. Reason: I'd still want the tv if they failed to perform the installation.


I think so. We didn't really do implied warranty of merchantability nor divisibility but I want to say you're right.




Return to “Forum for Law School Students”

Who is online

Users browsing this forum: No registered users and 4 guests