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(ANSWER IN 3-4 sentences each) 1) Turner v. Dolcefino and KTRK : (a) What statement made by Dolcefino on his KTRK broadcast was alleged by

(ANSWER IN 3-4 sentences each)

1) Turner v. Dolcefino and KTRK: (a) What statement made by Dolcefino on his KTRK broadcast was alleged by Turner to be defamatory? (b) What is a complete defense by the defendant in a defamation lawsuit? (c) Why was the trial court's decision in Turner's favor rejected by the Texas Supreme Court?

2) E.S. Herrick grows and sells blueberries. Maine Wild Blueberry Co. agreed to buy all of Herricks 1990 crop under a contract which left the price unliquidated. Herrick delivered the blueberries, but a dispute arose over the price. Maine Wild sent Herrick a check with a letter that stated the check was the final settlement. Herrick cashed the check but filed a suit in a Maine state court against Maine Wild, on the ground of breach of contract, alleging that the buyer owed more. Discuss how the court should decide in this case.

3) Standing next to a gasoline truck, Joe lights a cigarette and carelessly tosses the match into the truck's storage tank. Due to an unusual wind current, the fire which results leads to the destruction of a congested downtown area several blocks away. Eleven-year-old Susan is trampled and seriously injured by a fleeing mob. Is Joe liable for Susan's injuries? Be specific regarding the elements of negligence.

4. (a) Discuss how the consideration issue was resolved by the court in Hamer v. Sidway. (pp, 325-326). (b) Explain why Hamer was the plaintiff rather than the nephew in the litigation.

5. Arthur Accountant orally agrees to serve as an accountant for Clem Client in exchange for Clem's promise to pay Arthur an annual salary of $100,000. Select which of the following contract terms apply to their agreement: express; implied; quasi-contract; unilateral; bilateral; valid; void; voidable; unenforceable; executory; executed.

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