1. Sam and his friend Lee went to the local fairground Saturday evening to celebrate Octoberfest. They both consumed several beers over the course of the evening. One of the servers at the event suggested that the boys call a taxi at the end of the evening, but Sam insisted on driving home. Lee did not object to Sam driving him home. On the way home Sam collided with a telephone pole. Lee struck the windshield and was injured, in part because he was not wearing his seatbelt.

Having regard to contributory negligence what two hurdles will Lee face in suing Sam for his injuries. Do not concern yourself with any issues involving no fault automobile legislation.

2. An unscrupulous creditor might sell the right to collect the same debt to two different persons by assigning it to each of them. Which one of the two innocent assignees is entitled to payment and why?

3. Troy wants desperately to help his sister win her custody case against her ex-husband Lawrence and is prepared to "do anything" including lie. As a result, Troy tells the police that he saw Lawrence strike one of the children with closed fist causing bruising to the child's face. Lawrence is arrested and charged with assault. The criminal defense lawyer retained by Lawrence proves that Troy was lying at the time he made the report to the police. What if anything can Lawrence do to recover civil damages against Troy after the criminal charges are dismissed?