Professor Franks

Final Examination, Spring 2002

1. Carefully analyze the facts and grasp the issues in each question before beginning to write. Spend time reading the question slowly and carefully.

2. State the issues and answers to each question concisely. Lengthy answers are not necessary.

3. Do not repeat questions in your answers. Write neatly and legibly on only one side of each page.

4. Number your answers to correspond with the question, e.g., "II."

5. If you feel it necessary to assume additional facts in any of the questions, give the facts that must be added and state why.

6. Do not write in the margin of the book.

7. All major questions are equally weighted unless otherwise indicated. Subparts are approximately equal but may be weighted slightly differently according to the number of issues involved in that subpart.

8. Write your personal identification number and the name and section number of the course on which you are being examined on the cover of each examination book.

9. If you use more than one book, indicate "Book One," "Book Two" and so forth on the cover of each book and write your PIN and the name and section number of the course on the cover of each examination book.

10. A GOOD ANSWER IS NOT NECESSARILY A LONG ANSWER.

Elle Woods graduates from Southern University Law Center. Prior to her graduation, she was watching late night television instead of studying Conflicts, when she heard an infomercial advertising a Compaq laptop computer with Hewlett Packard color printer for only $150.00 plus "a small charge of $75.00 for shipping and handling." The blue information on her television screen showed the offer was from Computers for Students, Inc., of Short Hills, New Jersey. Elle immediately called their 800 number. She was told she could pay by Visa, MasterCard or American Express, or she could send a check. Elle elected to pay by check, sending her check for $225.00 to an address in Richmond, Virginia -- all as instructed. Her check was cashed by the vendor.

Last week the computer arrived, shipped via UPS to her apartment in Baton Rouge. When Elle opened the package, she found a used (!) Compaq laptop and a well-worn Hewlett Packard printer, complete with scratches and stains. The items obviously had seen months of service.

Elle immediately called the same 800 number. Customer Service told her, "You should have known that at that price the merchandise would be reconditioned. You got what you paid for. All computers are sold as is. All sales are final. But we'll be happy to sell you a new computer at a higher price if you wish."

Elle is not pleased. The TV commercial said nothing about the merchandise being second hand, nothing about as is, and nothing about all sales being final.

Unfortunately, the day after graduation Elle is scheduled to move to Chicago to start her new job with a law firm there.

Elle comes to you for advice. You research the law and find that Louisiana Civil Code article 2609 provides:

Purchase of substitute things by the buyer. When the seller fails to render the performance required by a contract of sale of movable things, the buyer may purchase substitute things within a reasonable time and in good faith. In such a case the buyer is entitled to recover the difference between the contract price and the price of the substitute things. The buyer may recover other damages also, less the expense saved as a result of the failure of the seller to perform.

Your research also finds that Uniform Commercial Code § 2-712, applicable as state law in each of the other 49 states, provides:

"Cover"; Buyer's Procurement of Substitute Goods.

(1) After a breach within the preceding section the buyer may "cover" by making in good faith and without unreasonable delay any reasonable purchase of or contract to purchase goods in substitution for those due from the seller.

(2) The buyer may recover from the seller as damages the difference between the cost of cover and the contract price together with any incidental or consequential damages as hereinunder defined (Section 2-715), but less expenses saved in consequence of the seller's breach.

Advice Elle where she may file her small-claims suit and where she should file it. For each state you name, explain how you expect to obtain in personam jurisdiction over the defendant there.

Although choice of substantive law does not seriously impact Elle's chances for success (she will win under either Louisiana law or the UCC), Elle is interested in knowing what law each jurisdiction you name might apply. She needs this information to research any cases that she may need to cite to the trial court. Please advise her.

Elle also wants to know how she can prove the terms of the televised offer to the court.

And, if Elle should win, also advise her on the easiest manner in which she may enforce her judgment.

Discuss all issues. Please help this Southern graduate show Computers for Students, Inc., why they must never mistreat a Southern student!

Following your graduation from law school, you apply for and are hired to be law clerk to a justice of the Supreme Court of Louisiana.

Six months ago, Bartolo Simpsonez, a six-year-old child, was found adrift in the Gulf of Mexico, clinging to an inflated tire. He was brought to Baton Rouge and released temporarily to his uncle, Donaldo Quixote. The child's mother died when her rickety boat capsized on its way from Cuba to America. Bartolo's father, Homero Simpsonez, lives in Cuba.

After Bartolo's arrival, the uncle filed a petition in the Family Court for the Parish of East Baton Rouge, asking that he be awarded custody of the child. The court, finding an emergency, granted the petition ex parte and awarded the uncle temporary custody. The uncle still has temporary custody under that order.

The father, Homero Simpsonez, has retained counsel and filed a writ in the Louisiana Supreme Court, claiming that the Family Court lacks jurisdiction.

Your judge has asked you to draft an opinion discussing who has jurisdiction over the custody case -- and why.

Return to The Castle Classroom

Copyright ©2002 by M. R. Franks - ALL RIGHTS RESERVED