1. Virgil rode his Schwinn Varsity bike to meet his friend Sally at an outdoor coffee shop on the morning of October 1st. Virgil said to her, "I offer to sell you this Schwinn Varsity bike for $300 cash." Sally replied, "I need a little time to think about it." Virgil said, "No problem, I absolutely promise to keep this offer open to you until 5pm on October 4rd." On October 2nd, Virgil sold the bike to a different friend, Gertrude, for $300 but did not inform Sally at that time. On October 3rd at 4:00pm, Sally sent a postcard to Virgil that read, "I accept your offer to sell me your Schwinn Varsity bike for $300." On October 4th at 3pm, Sally received an email from Virgil that read, "Hi Sally: I'm sorry, but I sold the bike to Gertrude and I am revoking my offer to sell it to you." On October 5th at 3pm, Virgil picks up the mail and reads the postcard that Sally sent on October 3rd. When Virgil refuses to deliver the bike to Sally, she (Sally) sues him for breach of contract. Is there an enforceable contract between Virgil and Sally? Explain.

2. Daniel, a gym teacher at 96th Street Elementary School in New York City, took his class out to Central Park to play baseball. Because all the official baseball fields were occupied, Daniel took the class to a patch of grass in the park near Fifth Avenue. He set up the baseball field so that the batter stood only 100 feet from the wall between the park and Fifth Avenue. Daniel knew that this was a dangerous way to play because many of his students could easily hit the ball as far as 250 feet. The first student to bat, Jimmy, hit the ball over the wall and towards Fifth Avenue. Before landing, the ball smashed through the front window of a bus that was driving down Fifth Avenue (at 25 miles per hour, well within the speed limit), injuring Rachel the bus driver in the head. As a result of her injury, Rachel lost control of the bus. Moments later, the bus jumped the curb and crashed into the lobby of an apartment building on the same block of Fifth Avenue, causing severe harm to Lynda, who had just entered the building. Rachel and Lynda sue Daniel for negligence.

Does Rachel win? Explain.

Does Lynda win? Explain.

During one of the trials, Daniel's cell phone rings. Disgusted, the judge takes his gavel (that hammer thing that judges use) and throws it at Daniel who is sitting with his lawyer, Margaret, approximately 20 feet away. The gavel misses Daniel by several feet but flies straight towards Margaret who ducks her head out of the way just before it flies past her.

c. Which tort (or torts) has the judge committed against Margaret? Explain.

3. Mickey, a contractor, was interviewed by a property owner, Guillermo, for the contract to install a swimming pool in Guillermo's backyard in Oneida County, New York. During the interview, Guillermo asked Mickey to tell him about himself. Mickey said many things, among them the following:

1. "I have a great deal of experience installing swimming pools in this county"; and

2. "Lisa Oberman, the gas technician for the heating system who I will use on the job, is fully licensed by the State of New York and in good standing."

Relying on these statements, Guillermo hired Mickey to install the swimming pool in his backyard. Later Guillermo learned the following:

a. Mickey had installed a total of 5 pools in the county over the last three years; and

b. Lisa Oberman, the gas technician Mickey used for the job, was unlicensed. The publicly available New York State Gas Technician Licensing website listed Lisa as "licensed revoked" as a result of her installation of faulty gas lines in a hot tub the previous year.

Guillermo believes that Mickey committed fraud that he (Guillermo) relied upon in agreeing to hire him (Mickey) to install the swimming pool. Guillermo immediately rescinds the contract with Mickey. Mickey argues that he did not commit fraud. Did Mickey commit fraud? Please answer, by addressing both statements numbered 1 and 2 above. Explain fully.

4. Sadio was the owner of a company that sells musical instruments on a retail basis. On March 15th, he wrote and signed a letter to Alisson, owner of a music shop: "Dear Alisson: I offer to sell you 2 Acme brand saxophones for $200 each. Since I know that you would like to take a lot of time to think about this, I absolutely promise to keep this offer open to you for 100 days. (signed) Sadio." On June 16th, Sadio wrote to Alisson and said, "I hereby revoke my offer of March 15th for the sale of the saxophone." Alisson received this letter on June 17st. On June 18th, Alisson sent Sadio a letter stating: "I am accepting your offer of March 15th. Thanks. Alisson." Sadio received this letter on July 1st and refused to deliver the saxophones. Alisson sues Sadio for breach of contract.

Judgment for whom when Alisson sues Sadio? Explain.

Assume all the original facts except that Sadio and Alisson are both professional baseball

players and not in the musical instrument business. Judgment for whom? Explain.

Assume all the original facts (including that both Sadio and Alisson work in the musical

instrument business) except that Sadio's offer is to give Alisson saxophone lessons for $50/hour, not to sell her saxophones. Judgment for whom? Explain.

5. Marie walked into Eva's used clothing and accessory boutique in Syracuse, New York. She looked at the merchandise in the handbag section which contained many different bags of varying quality, all tagged for sale for $25. Marie examined a leather handbag that she recognized as made by Gucci (a "luxury" Italian brand) although it had no label indicating the brand. Marie believed that $25 was an excellent price for the bag and immediately paid Eva that amount and walked out of the store with the bag. One week later, Marie advertised the bag for sale for $400, describing it (accurately) as a "genuine Gucci bag." When Eva saw the ad, she sued Marie for breach of contract on the grounds of mistake. Judgment for whom? Explain. (assume no other facts than those contained here).