WRITING ASSIGNMENT 4
This writing assignment must be typed. It must be turned in on time. You may use your text to answer the questions. Your answer should thoroughly discuss the law and any applicable exceptions. You do not need to consult any other source other than your text in order to answer these questions, but may if you like as long as you cite to your source.
I do NOT want you to discuss every rule you have learned that even remotely applies to the facts. I expect you to read the question carefully and use your common sense. Most of these problems deal with only one issue, possibly two unless the question consists of more than one part. Make sure you answer the question(s) asked. Your answer to each problem or its subpart should not exceed 10 sentences and should not require that many. I will not penalize you if you make your responses longer but please keep them short. Please submit your responses via Blackboard.
I recommend that you read the document titled Ã¢â‚¬Å“Legal AnalysisÃ¢â‚¬Â before preparing your responses.
For each question you answer, please state the following:
- legal issue (if not identified in the problem)
- legal rule
- analysis or application of the rule to the facts
- your conclusion
Please do not include the questions. I just want your responses.
Please include the following statement at the top of your paper:
I have not discussed the problems in this assignment or my responses to them with anyone. I have not provided my responses to anyone and no one has provided me with their responses. In other words, I state on my honor that this paper is entirely my work.
BE SURE TO PROVIDE COMPLETE RULES AND ANALYSIS.
- Ruth carelessly parks her car on a steep hill, leaving the car in neutral and failing to engage the parking brake. The car rolls down the hill, knocking down an electric line. This sparks from the broken line ignite a grass fire. The fire spreads until it reaches a barn one mile away. The barn houses dynamite, and the burning barn explodes, causing part of the roof to fall on and injure a passing motorist, Jim. Can Jim recover from Ruth? Why or why not? Please explain fully.
- Ned purchased furniture for his new home from Frank`s Furniture Center. Frank wrote up the sale of a sofa for $1,000 and a chair for $500, and gave Ned a copy of the bill which Frank signed. When the furniture was delivered two weeks later, Ned refused to accept it. Is this contract enforceable under the statute of frauds? Why or why not?
- Peter ordered a chicken sandwich from a restaurant. While eating, he was injured by a chicken bone that lodged in his throat. If Peter sues the restaurant under the implied warranty of merchantability, should he recover damages? Discuss.
- Fran was a tenant in an apartment building owned by Remaks. Fran had three months remaining on her two year lease. She told Remaks that she intended to renew the lease and wanted to do some extensive renovation of the apartment. She asked Remaks whether, when the time came, Remaks would be willing to extend the lease for another two-year term. Remaks said, Ã¢â‚¬Å“Sure, no problem.Ã¢â‚¬Â Fran relied on Remak`s statement and spent $5,000 refurbishing the apartment. Later, Remaks refused to renew Fran`s lease. Remaks argues that his promise to renew is not enforceable because it was not supported by consideration. Is he correct? If he is, is there another rule that might help Fran`s case? Discuss.