Please answer all the questions.'

59. Leslie is a clothing designer. Her latest creation is a 'puffy shirt' like the ones once worn by pirates on the Spanish Main. Leslie speaks in a very quiet voice that is often hard for others to hear - even people close by. One evening, while dining out with her friend Jerry, a comedian, Jerry mentions that he is going to make an appearance on the Tonight show and, in response, Leslie asks Jerry if he would be willing to wear one of her new puffy shirts on the program. Jerry immediately smiles and nods his agreement. However, as it turns out, Jerry simply couldn't hear Leslie because of her very quiet voice and he just nodded to save face. He has no idea that, by nodding, he has agreed to wear the puffy shirt on national television and, indeed, he refuses to do so when Leslie brings it up on the day of the broadcast. Leslie then sues Jerry for breach of contract. But will she win? a. Yes, because even if the elements of a contract are not met under these facts, she has a solid reliance claim under the doctrine of respondeat superior . No, if her offer was not communicated in a reasonable manner to Jerry because it was too quiet to be heard by him c. No, because Leslie has failed to demonstrate that Jerry is the proximate cause of any harms d. Yes, because all of the elements of an enforceable contract are met under these facts 60. Frank works for Kendall. One day, Kendall instructs Frank to procure for him some new art for the office. Kendall tells Frank that he trusts Frank's judgment as to the art and that money - within reason - is no object, Unbeknownst to Kendall, Frank has a large collection of art at home he has been trying to sell for years without success. Frank does not reveal this fact to Kendall, but sells his paintings to Kendall at their fair market value. Kendall is happy with the art once it is hung in the office. If Kendall discovers the source of the art, could he successfully sue Frank? a. No, because the art was sold to Kendall at fair market value and therefore no injury resulted b. Yes, because Frank had a duty to account which has here been violated by his failure to reveal the origin of the art C. Yes, because Frank has a duty to avoid self-dealing and conflicts of interest d, No, because Frank acted according to Kendall's instructions and Kendall was satisfied with the art 3257. The statutory period for adverse possession in the state wherein Erebor (a palatial country estate) is located is seven years. Erebor is owned by Thorin Oakenshield, but Thorin has 192 not been to or checked on Erebor in 10 years. Eight years ago a squatter, Smaug. discovered that no one was living in Erebor and began using it for a home. When Thorin finally heard that someone was living on his property this year, he gathered some friends and made a trip out to the estate where, sure enough, he found Smaug, curled up in the living room by the fireplace, Thorin was livid and he and his friends chased Smaug out of the home under threat of violence, but Smaug called up his attorney and had a lawsuit filed to regain possession of Erebor from Thorin under a theory of wrongful eviction and trespassing by Thorin. But is Smaug going to win that lawsuit? Who is the rightful owner of Erebor? Thorin, because he never gave Smaug permission to live in Erebor, whether in a lease or otherwise b. Smaug, because his use has been open, notorious, continual, and was for more than the prescribed statutory period C. Thorin, because he did not know nor could he have known that Smaug was in possession of Erebor prior to his hearing of it this year d. Smaug, because Thorin failed to uphold the warranty of quiet enjoyment 58. Katniss is a resident of District 12, a state, let's say. She is suing Coriolanus, a resident of The Capital, another state, for intentional infliction of emotional distress, false imprisonment, conversion, trespass, misappropriation, intrusion, false light, negligence, and breach of contract, all for wrongs she purports to have suffered while visiting The Capital. All told, her alleged damages total $70,000. In which venues could she sue Coriolanus? a. District 12 State Court only b. The Capital State Court only c. District 12 State Court, The Capital State Court, or Federal District Court d. The Capital State Court or Federal District Court