« on: December 17, 2007, 01:46:21 PM »
My contracts was closed book, by a prof who wrote parts of the UCC and two chapters in our book. I was not pleased at all. Hardest f-ing exam ever. Even my torts prof, who saw it while it was being written, said it was one of the most brutal exams he'd read. I really feel like I failed K, which is a shame because I feel like I aced civ pro and torts.
We had 50 MC's most with multiple answer possibilities (i.e. A, B, C, D, B and C, All of Above, None of above), and then a 70 minute essay which I did well on, and a 50 minute essay which I couldn't even figure out where to begin.
I can summarize the essays for you:
70 min (this is the one I did well on): Company A manufactures MDI, a product made from petroleum. It's toxic, so they need respirator masks. Their buying agent calls Company B, tells them that they need masks, can you make one that works for MDI? B says "oh sure, but it will be expensive" and quotes a price. A says "that's fine, cause it's the same as what we already pay. I'll send an order. B says "Okay". A sends an order form for 500 respirators, in batches of 100, sent every month, at the price that was quoted. On the back of the order form is a statement that says "Seller hereby warrants that products will be fit for the purpose ordered" (or something close to that effect). Company B sends back an invoice with the first batch of respirators, which contains the words "Company B hereby disclaims all implied warranties of merchantability and fitness", and it contains the first 100, slightly later than Company A would have liked, but no shipping date was specified in the order. Company A promptly pays. Company B ships batch 2, gets paid. Company B ships batch 3, gets paid. Sometime after Batch 3 arrives, all the workers start getting sick with MDI poisoning. Discuss the situation, and weigh Company A's options.
50 min (this is the one I did bad on): Company A is a builder outside Washington DC (p.s. I go to WCL at American, in DC). Company A does real estate speculation. They bought a bunch of land for $15 million, that they plan to strip down, build roads, and make usable for real estate. The market goes south, and costs rise, and now the land is only worth $12 million (it will be worth $12.2 after the roads are built). Company B is a real estate contractor service. A contracts with B to have B strip all the topsoil and gravel off of the land, and then pave roads, in exchange for $1.4 million dollars (something close to that) payment to B, and B gets to keep the "valuable" topsoil and gravel (no dollar value listed). B strips off all the topsoil and gravel, but in the process the labor costs start rising, and the price of oil (used in making the asphalt for the roads) skyrockets. They estimate it will now cost them $4 million to build the road, and cease work (keeping the topsoil and gravel). A sues B. B tries to defend, citing frustration and impracticability. You are a bench clerk for the trial judge hearing the case. She wants you to write a memo for her decision. There is no controlling case law on the topic. Your memo will be the substance of the decision. Include remedies and damages, defenses, and all other questions necessary, and (emphasis added) CITE YOUR AUTHORITIES AND DISCUSS THEIR FACTS.
That part was the female dog. Nobody studied for case names and facts, only applicable rules of law. I'm pretty sure I got 25% or less of the possible points for that question.