Luke Key owns and operates a hauling business, specializing in cleaning out people's garages, basements, attics and barns. One day he is contacted by Yoko Ono, a local artist who used to be married to John Lennon. Yoko now paints pictures of flies sitting on nude bodies, for which she receives $50,000 per painting. Yoko tells Luke, "Clear out the storage building at my house on Gull Lake in Brainerd. I have thousands of boxes of stuff. Keep what you want, but bring the rest to the dump. I have gone through it and there is nothing of interest to me. If you find some pictures or other mementos of John, that would be more than adequate compensation, wouldn't it? I don't really care what you find, so you can have whatever is there. I won't need any of it. Would this be an ok arrangement?" "It sure would be," Luke responds. "I loved the Beatles, so a few pictures and mementos would be great compensation. Besides, I am sure there will be a few other things I could use. We have a deal." Luke and his crew work hard to clear all the junk out of a 960 square foot building. On the third day, Luke is carrying out an old empty suitcase when he discovers some tapes in the lining. He pulls them out and brings them to a friend of his who specializes in preserving tapes. When he and his friend play the tapes, they discover that they are tapes of John Lennon singing original compositions that have never been released to the public. Luke immediately contacts a music broker who agrees to pay him 5 million dollars for the exclusive rights to the tapes. Luke plans to deliver them to the broker and seal the deal the following week. In the meantime, when she discovers what happened, Yoko is furious. She contacts her lawyers who promptly demand that Luke return the tapes to Yoko. "I never would have struck the deal with you had I known that there were original tapes in the building," she tells Luke. "I will agree to give you a $1,000 dollars for your efforts, but that is all. Don't mess with me. Remember, I broke up the Beatles, and I am tough." Luke is not impressed, nor is he willing to surrender the tapes. As a result, Yoko sues Luke to get the tapes back. Assume you are the judge; would you give Yoko the tapes based on a theory of mistake? Why or why not? What theories of law apply here?

In anticipation of selling the tapes, Luke buys a house in Mankato (I don't know why). When he moves in, he finds that the cable TV network is still operational, so he hooks up his television and makes use of the cable connections. He continues to use the cable feed for 15 months, at which point someone from the cable company rings his doorbell, and asks about his cable service. Luke says he has cable but didn't order it. The cable representative leaves and Luke later receives a bill for $900 for 15 months of cable service, including premium channels.

Your memorandum should consider whether Luke has to pay, whether an enforceable contracts, the theory which Yoko Ono would use to avoid enforcement of the contract, the remedies, and whether Luke owes money to the cable company.