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Sample Practice Essay Example from Contracts Workshop
Sample Rule Statements
Contracts: Merchants Firm
Offer (UCC 2-205)
Under the UCC, when a merchant makes a 1) written, 2) signed 3) offer to buy or sell goods, 4) including a promise to hold the offer open, 5)the offer is irrevocable for the period stated, 6) not to exceed three months. Note that 7) Consideration is not required.
Promissory estoppel can serve as a substitute for consideration where a party 1) reasonably, 2) foreseeable, and 3) detrimentally 4) relied on the promise of another.
Contracts: Mutual Mistake
A contract is voidable if 1) both parties are mistaken as to a basic assumption of the contract, 2) the mistake goes to a material aspect of the subject matter of the contact, and 3) the party asserting the mistake as a defense did not assume the risk of the mistake.
Torts: Private Nuisance
A private nuisance is an 1) unreasonable and 2) substantial interference with 3) another's use or enjoyment of his land. A Plaintiff must demonstrate a 4) possessory interest in the land and may need to indicate 5) the disruptive intent of the defendant.
Torts: Res Ipsa Loquitour
The doctrine of res ipsa loquitur may be used to prove breach of a duty of care if it can be shown that there is 1) no direct evidence of negligence, 2) the breach is not the type that normally would have occurred without negligence, 3) the instrumentality was under defendant's exclusive control and 4) plaintiff was not negligent.
Torts: Duty owed to Invitees
Landowners to Invitees: An invitee enters with consent and is present for the benefit of the possessor. The possessor is under a duty to 1) warn the invitee of known dangers, and 2) must take reasonable care to discover and fix dangerous conditions on the property. There is thus an affirmative duty to make the premises safe. The obligation only extends to the area of invitation.
Criminal Law: Attempt
An intent to commit a crime and an act which tends to consummate the crime. Under the MPC, the defendant must purposely engage in conduct which show that he or she has taken a substantial step toward the commission of the offense.
Criminal Law: Mitigation of Murder to Manslaughter
Murder can be mitigated to manslaughter if it can be shown that one acted in the heat of passion or had an imperfect defense, mistaken justification or excuse, coercion, or diminished capacity.
Criminal Law: Imperfect Self Defense
Reduces murder to manslaughter where the defendant honestly, but unreasonable, believes that deadly force is necessary to defend herself or a third party.