Read through each of the attached fact patterns and state the following for each:

1.List the legal theories/elements that are involved in the case.

2.Who should prevail in the case?Against whom?Why?

Fact pattern 1.

On February 1, Joshua received a letter from Treasure Magazine in a window envelope that permitted Joshua to read the following through the window:

"Joshua, I'll give you a versatile new calculator watch free just for opening this envelope before February 15."

Joshua immediately opened the envelope and discovered that the letter continued "AND MAILING THIS CERTIFICATE TODAY."By mailing the certificate, Joshua would be required to purchase a subscription to Treasure Magazine.Joshua did not purchase a subscription and Treasure Magazine did not send him a calculator.

Fact pattern2.

Amos Driver was playing golf at the Fairview Golf Course.At the tee of the ninth hole, Amos saw a brand new Cadillac next to a large sign which state, "HOLE IN ONE wins this Cadillac courtesy of Lewis Car Dealer."Amos shot a a hole in one and attempted to collect his prize.Lewis refused to deliver the car explaining that it had offered the car as a prize in a charity tournament held the previous day at Fairview Golf Course.Driver sued Lewis Car Dealer for breach of contract.

Fact pattern 3.

Decedent tow truck driver,Mr.A, was killed by a third party while he was attending to defendant drunk driver's, Mr.B.'s,vehicle at the side of the road.Mr.A'ssurviving wife and children, sued Mr. B.

Fact pattern4.

On the day of the accident, February 27, 2004, Hen Horn was employed by Ralphs as a tractor-trailer truck driver. On that evening, while driving his delivery route eastbound on Interstate 10, Horn stopped just beyond the Interstate 15 crossing to have a snack. He regularly made a brief stop at this location to eat part of the meal his wife had prepared for him. Horn stopped the tractor-trailer rig off the paved roadway, on what the investigating California Highway Patrol officer described as "the dirt portion of the shoulder." In 2001, at the request of the California Highway Patrol, California's Department of Transportation (CalTrans) had placed an "Emergency Parking Only" sign in the area. Horn saw the sign from where he stopped, about 16 feet from the outermost traffic lane.

Decedent Adelelmo Cabral was driving home from work alone in his pickup truck, eastbound on Interstate 10. Juan Perez, driving on the freeway behind him, saw decedent's vehicle, which was traveling around 70 or 80 miles per hour, swerve within its lane, then change lanes rapidly and pass othervehicles. Finally, the pickup truck abruptly crossed the outermost lane of traffic and left the freeway "as if he was trying to get off the interstate." Decedent's vehicle then traveled parallel to the road along the adjacent dirt until it hit the rear of Horn's trailer. Perez saw no brake lights or other indications of an attempt to slow down before the collision.