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5. Tort Law The newest unit of the University of Colorado System is Mountain University of Colorado at Keystone (MUCK). One Saturday, University of
5. Tort Law The newest unit of the University of Colorado System is Mountain University of Colorado at Keystone (MUCK). One Saturday, University of Colorado Boulder (CU) was playing a football game against MUCK at MUCK's state-of-the-art slopeside stadium. MUCK has a rule that there could be no signs in the stadium in support of the visiting team, nor could anyone wear costumes in the stadium except for costumes of MUCK's official mascot the "Bums." The purpose of this rule was to prevent the team members from getting discouraged by signs in the stands supporting the visiting team. Pat was a CU Boulder student and loyal supporter of the Buffaloes who attended all home and away games. Pat wore a buffalo costume (CU'S mascot) to all of these games. This Saturday was the first game held under MUCK's no costume rule. In the second quarter of the game, one of the MUCK receivers ran down the field expecting a long pass from the quarterback. As he turned to look for the ball, he saw Pat in the Buffalo costume in the stands. This shocked the MUCK player who turned back quickly to see if there really was such a thing in the stands. When he did so, he twisted and broke his ankle. Another CU fan, Paul, sitting behind Pat opened a bottle of champagne to celebrate the injury. Unfortunately, the champagne was hot and exploded all over Pat's costume. The costume was soaked, and as the champagne ran off of the costume, the brown color of the costume came off as well. Some of the brown-colored champagne dripped on Sally, who was seated next to Pat, and ruined the silk blouse that Sally was wearing. Soon there were a number of bees buzzing about that were attracted by the drying champagne on the Buffalo costume. Sally, who is allergic to bees, watched as the number of bees increased. Early in the fourth quarter, one of these bees stung Sally. The MUCK player has sued Pat, and Sally has sued both Pat and Paul. Discuss these cases and the likely outcome. (Don't worry about getting a "right" answer. Just take a position and defend it.) 6. Bribery Mary wants her city council to enact a zoning change in her neighborhood because doing so would allow her to rent out part of her home as a separate apartment. Many in the neighborhood are opposed to the zoning change. Mary has the following conversation with Alice, a city council person: Mary: Alice: Mary: I must have this zoning change passed. How important is it to you? Lots of money. Actually, you can use my vacation home at the beach any month next summer - you pick the month - if the zoning change passes. Otherwise, I will have to rent out the beach house. Alice: Mary: We have a deal. I shouldn't have any problem getting the rest of the council to vote with me on this. The zoning change makes sense! I know you won't let me down. July's the best month at the beach, but it will be up to you. One of the neighbors is a prosecutor who wants to bring bribery charges against Mary and Alice. Discuss the strengths and weaknesses of a bribery case against each. 7. Contracts Which type of contract, bilateral or unilateral, is more common in business? Why? Under what circumstance would someone prefer one or the other? What are the advantages of each type for the offeror? For the offeree?
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