LLAW 110 BRIEFS Choose one (1) case from the following list and write a brief on behalf of Plaintiff or Defendant. Your grade will be based upon: (1) quality of writing and (2) quality of research (3) depth of analysis and legal reasoning. Please analyze your case carefully. 1. The developers of a luxury building entered into contracts with 41 prospective condo owners to sell each of them an apartment. Every contract stated that the buyer would be entitled to the return of the deposit if at least one sale didn't occur by September 1, 2008. The first sale took place on February 9, 2009. The prospective purchasers of the apartments are suing to recover their $16 million in security deposits. The developers claim that the documents contain a trivial error; that the date was intended to be September 1 2009. 2. Harry Smith, 84, hired a real estate brokerage firm to rent a studio apartment in his townhouse. Martin, 27, a broker, at the firm made him a proposition. "Why not rent it to me instead? The result was that Mr. Smith signed two handwritten leases on two studio apartments in his house with Martin and Martin's father for below market rates and for terms of up to 20 years. One apartment was rented for $1,167 a month and the other for $400.a month and they paid one year's rent in advance. The least expensive apartment in that area is $1950 a month. Now, Smith who needs the money, can't sell his house. "I am not a very good negotiator and I am not very good with numbers, "Mr. Smith said, "That was why I hired a broker to help rent the apartment." Smith is suing the brokerage firm and Martin. Martin was dismissed from the brokerage firm, but maintains that he did nothing wrong. 3. John Jones was working for a firm at which he had substantial benefits and would have been entitled to stock options. Then Robert Smith of XYZ Corp. offered Jones a position, promising him a large bonus if the company’s earnings exceeded $39.1 million within 3 years. Relying on that promise, Jones left his job and took the position at XYZ Corp. By the end of the 3rd year, projections indicated that XYZ’s earnings would exceed the required level. Jones left the company at the end of the 3rd year and later asked for his bonus. Robert Smith responded “no” stating that as Jones no longer worked for the company, he was not entitled to his bonus. Jones is suing, claiming that he is entitled to damages under the doctrine of promissory estoppel because he left a lucrative and secure position to take the job at XYZ Corp. 4. Matthew Lo ordered file cabinets from Triangle Manufacturing Company. The contract stated that 50 file cabinets were to be delivered at $40 per cabinet in 5 equal installments. After delivery of 2 installments (20 cabinets,) Triangle informed Matthew that it was losing money and would promise to deliver the remaining cabinets only if Matthew would pay $50 per cabinet. Matthew agreed and then refused to pay the additional amount. Triang ...

1. LLAW 110
BRIEFS
Choose one (1) case from the following list and write a brief on
behalf of Plaintiff or Defendant.
Your grade will be based upon: (1) quality of writing and (2)
quality of research (3) depth of analysis and legal reasoning.
Please analyze your case carefully.
1. The developers of a luxury building entered into contracts
with 41 prospective condo owners to sell each of them an
apartment. Every contract stated that the buyer would be
entitled to the return of the deposit if at least one sale didn't
occur by September 1, 2008. The first sale took place on
February 9, 2009. The prospective purchasers of the apartments
are suing to recover their $16 million in security deposits. The
developers claim that the documents contain a trivial error; that
the date was intended to be September 1 2009.
2. Harry Smith, 84, hired a real estate brokerage firm to rent a
studio apartment in his townhouse. Martin, 27, a broker, at the

2. firm made him a proposition. "Why not rent it to me instead?
The result was that Mr. Smith signed two handwritten leases on
two studio apartments in his house with Martin and Martin's
father for below market rates and for terms of up to 20 years.
One apartment was rented for $1,167 a month and the other for
$400.a month and they paid one year's rent in advance. The
least expensive apartment in that area is $1950 a month. Now,
Smith who needs the money, can't sell his house. "I am not a
very good negotiator and I am not very good with numbers,
"Mr. Smith said, "That was why I hired a broker to help rent the
apartment." Smith is suing the brokerage firm and Martin.
Martin was dismissed from the brokerage firm, but maintains
that he did nothing wrong.
3. John Jones was working for a firm at which he had
substantial benefits and would have been entitled to stock
options. Then Robert Smith of XYZ Corp. offered Jones a
position, promising him a large bonus if the company’s earnings
exceeded $39.1 million within 3 years. Relying on that
promise, Jones left his job and took the position at XYZ Corp.
By the end of the 3rd year, projections indicated that XYZ’s
earnings would exceed the required level. Jones left the
company at the end of the 3rd year and later asked for his
bonus. Robert Smith responded “no” stating that as Jones no
longer worked for the company, he was not entitled to his
bonus. Jones is suing, claiming that he is entitled to damages
under the doctrine of promissory estoppel because he left a
lucrative and secure position to take the job at XYZ Corp.
4. Matthew Lo ordered file cabinets from Triangle
Manufacturing Company. The
contract stated that 50 file cabinets were to be delivered at $40
per cabinet in 5
equal installments. After delivery of 2 installments (20
cabinets,) Triangle

3. informed Matthew that it was losing money and would promise
to deliver the
remaining cabinets only if Matthew would pay $50 per cabinet.
Matthew agreed
and then refused to pay the additional amount. Triangle is suing
to recover the
additional amount that Matthew agreed to pay.
5. The executives of Fluorogas Ltd and Fluorine, Ltd were
on vacation and after
enjoying a weekend of fun, they draw up a brief handwritten
document that stated
that Fluorogas would sell to Flurorine the exclusive rights to a
technology to build
and sell semiconductor equipment. Fluorogas refused to transfer
the patents and
intellectual property and Fluorine is suing for breach of
contract.
6. Dot TV conducted an online auction on its website. It posted
an announcement on its web site asking for bids for rights to the
“Golf TV” domain name and stated that the name would go to
the highest bidder. Jo Lim submitted a bid for $1,010 and
authorized Dot TV to charge that amount to his credit card if his
bid was the highest. Later, Dot TV sent Lim an e-mail message
stating that he had “won the auction” and charged the bid price
of $1,010 to his credit card. However, later, Dot TV refused to
transfer the name; Lim is suing Dot TV for breach of contract.
Lim argues that his bid constituted an acceptance of Dot’s TV
offer to sell the name. Dot TV argues that Lim’s bid was an
offer, which it had not accepted; that even if it had accepted the
offer, Dot TV could withdraw the offer because the auction was
“with reserve”.
7. On November 15, Gloria, Inc., a manufacturer of crystal

4. ware, mailed to Benny
Buyer a letter offering to sell to Buyer 100 crystal “A” goblets
at $10 per goblet
and stated that “the offer would remain open for fifteen (15)
days”. On
November 21, Gloria, noticing the sudden rise on the price of
crystal “A” goblets,
decided to withdraw her offer to Buyer and so notified Buyer.
Buyer chose to
ignore Gloria’s letter of revocation and gleefully watched as the
price of crystal
“A” goblets continued to skyrocket. On November 30, Buyer
mailed to Gloria a
letter accepting Gloria’s offer to sell the goblets. The letter was
received by
Gloria
on December 4. Buyer demanded delivery of the goblets and
brought an
action
against Gloria.
8. The Snyder Manufacturing Co., a large user of coal, entered
into separate contracts with several coal companies. In each
contract, it was agreed that the coal company would supply coal
during the year in such amounts as the manufacturing company
might desire to order, at a price of $35 per ton. In February,
Snyder Company ordered one thousand tons of coal from Union
Coal Company, one of the contracting parties. Union Coal
Company delivered five hundred tons of the order and then
notified Snyder Company that no more deliveries would be
made and denied any obligation under the contract. Union Coal
brought an action to collect $35 per ton for the five hundred
tons of coal delivered. Snyder filed a counterclaim, claiming
damages of $17,500 for failure to deliver the additional five

5. hundred tons of the order and damages of $4,000 for breach of
agreements to deliver coal during the balance of the year.
9. Rafferty was a principal shareholder in Continental
Corporation, and as a result, he received most of Continental
Corporation’s dividends. Continental Corporation was anxious
to close an important deal for iron ore products to use in its
business. A written contract was on the desk of Stage
Corporation for the sale of iron ore to Continental Corporation.
Stage Corporation, however, was cautious about signing the
contract, and did not sign until Rafferty called Stage
Corporation on the telephone and stated that if Continental
Corporation did not pay for the ore, he would pay. Business
reversal struck Continental Corporation and it failed. Stage
Corporation is suing Rafferty.
10. Webster Inc. is a wholesaler of automobile accessories
including windshield
wipers. In January, Webster entered into a written contract to
sell Hunter two
thousand windshield wipers for $1,900, delivery to be made
June 1. In April,
Webster’s factory was burned to the ground and Webster failed
to make delivery
on June 1. Hunter was forced to buy windshield wipers
elsewhere at a higher
price and is now trying to recover damages from Webster.
11. In August 2006, Terry sought treatment for pain in his lower
back from Siller.
Terry felt better after the treatment and did not intend to return
for more
treatments, although he did not mention this to Siller. Before
leaving Siller’s

6. office, Terry signed an “informed consent” that read, in part, “I
intend this
consent form to cover the entire course of treatment for my
present condition and
for any future condition(s) for which I seek treatment”. He also
signed an
agreement that required the parties to submit to arbitration “any
dispute as to
medical malpractice…….This agreement is intended to bind the
patient (Terry)
and the health care provider (Siller)……who now, or in the
future treat(s) the
patient”. Two years later, Terry sought treatment from Siller for
a different
condition relating to his cervical spine and shoulder. Claiming
malpractice with
respect to the second treatment, Terry filed a lawsuit against
Siller. Siller is
asking the court to order that the dispute be submitted to
Arbitration.
12. Uly Construction was hired by Hopkins for several projects
in building his
factories. Each project was based on a cost estimate and
specifications. Each of
the proposals accepted by Hopkins said that any changes in the
signed contracts
would be made “upon written orders”. When work was in
progress, Hopkins
made several requests for changes. There were no written
records of these
changes, but Uly performed the work and Hopkins paid for it.
A dispute arose
after Hopkins requested that Uly use Durisol blocks rather than
cinder blocks in

7. some construction. The original proposal specified cinder
blocks, but Hopkins
told ULY that the change should be made because Durisol was
“easier to install
than traditional cinder block and would take half the time”.
Hopkins said the total
cost would be the same. Uly orally agreed to the change, but
demanded extra
payment after discovering that Durisol blocks were more
complicated to use than
cinder blocks. Hopkins refused to pay, claiming that the cost
should be the same.
13.
Elizabeth Covington, who was sixty five years old when her
husband died, needed
as much money as she could muster, decided to have a garage
sale. Her husband
had a baseball card collection but Elizabeth knew nothing about
baseball or
baseball cards. She displayed the cards along with many other
items. Michael
Ferrell, an eighteen-year-old, who lived in the neighborhood,
attended the sale.
What caught his eye was the baseball card collection and,
specifically what
appeared to be a 1952 Topps Mickey Mantle rookie baseball
card in near mint
condition. On the outside of the box container was a sticker
indicating "All cards
$1 each." He couldn't believe his eyes. He had heard that a
similar Mantle card
had sold in 2006 for $72,000. He thought about telling Mrs.
Covington the real
value but decided against it and paid her the $1 and left. Later
that month, while

8. she was watching her favorite public television show, she saw
Michael asking the
antiques expert to estimate the value of the card. The expert
said that even in a
tough economy the card would likely bring $80,000 at public
auction. Mrs.
Covington brings an equitable action to rescind the contract, get
her card back and
return the $1 to Michael.
14.
Marlene was the niece of Gertrude Smith and lived with her
and her husband,
Mort, for many years before marrying Tom. The Smiths were
childless and were
extremely fond of Marlene. After their marriage, Marlene and
Tom moved to
Canada but continued to have a close and loving relationship
with the Smiths,
regularly corresponding and frequently visiting them. Then Mrs.
Smith had a
series of strokes and Mr. Smith's health began to fail, He wrote
to Tom, telling
him that Mrs. Smith wanted to spend her last remaining days
with Marlene. He
also wrote that his health was failing and that people were
beginning to take
advantage of him. He detailed all of the property that he owned
and estimated his
total worth at about $850,000. He said that if Tom and Marlene
would come
immediately and stay with them and help manage his affairs and
take care of his
wife, they would leave all of their money to them. He wrote that
if they could
come, Marlene would inherit everything and asked Tom to let

9. him know as soon
as possible. Tom wrote that they would come by plane as soon
as possible. They
began to make preparations to move to California, but before
they could wind up
all of Tom's business affairs, Mort Smith committed suicide.
Tom and Marlene
immediately went to California, where Marlene remained with
Mrs. Smith and
cared for her for the next four weeks, until she died. Upon her
death, it was
discovered that the Smiths had bequeathed their estates to two
nephews. Marlene
and Tom sued for specific performance to have the court
enforce the contract
under which the Smiths were to bequeath their estate to
Marlene.
15.
John and Mary Nunzio alleged that they entered into an oral
agreement with New
York University Medical Center for an in vitro fertilization
procedure that would
not result in the birth of an autistic child. Subsequently, the
parties signed a
written contract that stated that a certain percentage of children
are born with
physical and mental defects and the occurrence of such defects
is "beyond the
control of the physician". The document also stated that the
medical center and its
physicians would not "assume responsibility for the physical
and mental
characteristic or hereditary tendencies" of any child born as a
result of the in vitro
procedure. One of the twins was born with "autistic traits". The

10. Nunzios brought
an action.
16.
In January 2009, Horace Smith, the President of Carson Medical
center
approached Donald Dawson a local realtor with a proposal that
if Dawson raised
$100,000,000 for the building of a new heart center at the
hospital, the building
would be named the “Donald Dawson Medical Center”. Nothing
was put in
writing. About six months later Dawson delivered a check in the
amount of
$99,000,000 to the hospital and promised to deliver the
remaining $1,000,000 no
later than the end of the year. Before the end of the year, Smith
advised Dawson,
in writing, that the deal was off, and that the hospital found a
new benefactor who
would be donating $150,000,000 to the hospital. Dawson is
suing the hospital
for specific performance.
17.
Harry the plumber went to Marge’s house to do some repair
work to the
upstairs shower. The value of his services was $1,500 (parts and
service). Marge
in turn agreed to provide Harry with meals for the next year.
The value of the
meals totals $2,000 (food and labor). After Harry completed the
work, Marge
provided only half the meals and then defaulted. Harry sued
Marge for
compensatory and punitive damages. Marge offered to have her

11. friend Marvin
prepare the remaining meals, but Harry rejected the offer
claiming that Marge was
a much better cook than Marvin.
18.
The firm of Booth and Memorial entered into a verbal
agreement with Lutz
Office Warehouse, a local office supply company, to provide all
its office supply
needs a price to be invoiced every month. For the first three
months the bill was
$10,000 per month. In the fourth month the bill was $15,000 for
the very same
supplies previously sent each month. When Booth and Memorial
complained
about the bill, Lutz explained that the price of gas and insurance
had gone up and
that the cost of the supplies had also gone up resulting in an
additional fee to the
customer. Booth and Memorial objected to the increase of
$5,000 per month and
immediately notified Lutz that they had located another supplier
and would no
longer do business with Lutz. Lutz sued for breach of contract.
19.
Best Bargains, a local electronic wholesaler, placed an
advertisement in the
Star Ledger, a local paper offering the first 10 customers a LCD
television of free
with the purchase of $1000. In fact the Star Ledger made a
mistake and the
advertisement offered a free television to all customers who
purchased $100.
Over 500 customers purchased $100 or more and demanded the

12. free television.
The customers sued Best Bargains and Best bargains sued the
Star Ledger.
20.
General Manufacturing, a giant corporation in the North East,
supplies tires to
all the major automobile manufacturers. They provide every
automobile
manufacture with a standard boilerplate contract which sets a
uniform price for
the tire at $10 above the market price around the country. Diego
Car
Manufacturing, a newly established company which builds high
end cars
objected to the boilerplate contact and proposed modifications
to make the
contract more
equitable and requested that the cost of the tires be reduce by
$10 a
tire. General
Manufacturing refused saying every company supplied tires
must
sign the very
same agreement. Diego Car manufacturing signed the agreement
“under protest”. Later Diego sued General Manufacturing
claiming the
agreement constituted an adhesion contract and was predatory.
21.
Moss Construction agreed to build a skyscraper for Troomp
Plaza in Mid
Town
Manhattan for $1 Billion. The terms of the agreement provided
that Moss
would

13. have the right to design and build the building subject to
Troomp
approving the
architectural specification before building commenced. Moss
estimated that
the cost of excavating the foundation would be approximately
$20,000,000
based on geological surveys that the ground was light porous
rock.
When
construction commenced, it turned out that the bedrock was
granite and that it
would require more equipment and time to excavate the site. In
fact, it was
estimated that the cost of the excavation would actually be
$75,000,000. Moss
demanded that Troomp reimburse them an additional
$55,000,000 representing
the actual cost of excavation. Troomp refused, saying a deal is a
deal and the
Moss was getting $1 Billion and not a penny more.
22.
Due to high gasoline prices, S.L.A. Bakeries
Company(SLA)considered
converting its fleet of over 3,000 vehicles to a much less
expensive fuel
system. After negotiations with Randolph Gas Corporation
(Randolph), S.L.A.
signed a contract for approximately three thousand converter
units, "more or less
depending on the requirements of Buyer," as well as agreeing to
buy all propane
to be used for four years from Randolph. Without giving any
reasons,
however, S.L.A. never ordered any converter units or propane

14. from Randolph,
having apparently decided not to convert its vehicles. Randolph
brought suit
against S.L.A. for lost profits on 2,242 converter units and the
propane that would
have been consumed during the contract period.
23.
The New York Highlanders a newly established football team
was building a
new stadium. In their initial offering the Highlanders offered on
a first come first
serve season tickets. In order to be eligible, buyers would have
to pay a $10,000
licensing fee which would guarantee a specific seat as identified
in a stadium
seating diagram. Approximately 10,000 fans signed up and sent
in their seating
choices at the 50 yard line (the most sought after seats) and
received confirmation
from the Highlanders that their seats were reserved.
Unfortunately, after the
licenses were sold to the 10,000 fans, the stadiums dimensions
were reduced and
there were only 5,000 available seats on the 50 yard line. The
Highlanders
announced that 5,000 of the 10,000 fans would get the preferred
seating based on
a lottery, and, that the remaining 5,000 fans would be given
other seats. The 5,000
fans who lost the lottery sued.
24.
Argo Management owns commercial buildings around the City,
leasing space
to many businesses including a MHB Liquor store, a popular

15. local liquor store.
The lease requires the tenants to obtain all necessary licensing
and insurance
policies and the landlord is responsible to keep the building in
good repair. The
owner of the liquor store directed his broker to get insurance.
Shortly thereafter
the broker sent the liquor store an invoice for the insurance
policy. Unfortunately,
the broker pocketed the money and never obtained the necessary
insurance
policies. MHB reported to Argo that part of the ceiling appeared
to be collapsing.
Argo retained ACE construction to perform the necessary
repairs; however ACE
did not complete the repairs in the time agreed to with Argo.
Before the repairs
were done a portion of the ceiling collapsed, hitting Max
Robinson on the head
and fractured his skull. Max sues MHB, Argo and ACE.
25.
Nelson Velez a renowned artist agreed to paint the portrait of
John Booth for
either the sum of $1,000,000 or for free room and Board at the
Booth estate at the
option of Nelson Velez. Velez agreed to paint the portrait and
moved into the
Booth mansion. Before the portrait could be completed, the
Booth mansion
burned to the ground. Booth offered to lodge Velez in a local
Holiday Inn for the
remainder of the year. Velez requested payment of $1,500,000
to continue and
complete the project.

16. 26.
Morris was starting a new computer internet service (XYZ
World Data Inc.),
which would provide users with valuable information and web
surfing capability.
He had virtually no funds and no software expertise. The value
of his company,
XYZ was approximately $10,000. He hired Ralph to develop the
necessary
software and offered him a 50% interest in XYZ. It took Ralph
100 hours to
develop the software. Nothing was put in writing.
Approximately 10 years later
XYZ took off and the value of the company was $2 Billion.
Ralph contacted
Morris after a 10 year hiatus and demanded his 50% of the
business. Morris
responded that he would give Ralph $50,000, far more than the
actual value of
Ralph’s time spent on the project.
27.
Ajax Construction Company built several homes in a very
exclusive part of
Carson City. Unfortunately they failed to obtain the necessary
city permits to
build the houses, each of which sold for $10,000,000. Stuart
purchased one of the
houses for his daughter Stefanie who moved in with her family.
Shortly after
moving in Stuart died. Stefanie discovered after Stuart died that
the house was
not built to city code specifications and demanded that Ajax
return the money for
the purchase of the house, Ajax refused and offered to bring the
house up to city

17. standards and obtain the necessary city permits and licenses.
28.
Jean Paul operated Highland Yacht a company manufacturing
high end boats
selling for $50,000,000. Jim Nimitz purchased a yacht from
Highland but
requested certain modifications to be made to the boat. Nimitz
and Paul never
agreed on the additional cost of the modifications which ended
up costing and
additional $4,000,000 more than the standard yacht built by
Highland. In fact
Nimitz thought the cost modifications would be covered within
the $50,000,000
price and Paul thought he would be charging for the additional
costs. There is no
written agreement, but the bill of sale has the price of
$50,000,000 and is signed
by Paul.
29.
Lang, a horticulturist, is suing Mr. Frank for the sum of
$500,000 for landscaping
which he performed pursuant to a design by a landscape
architect and for paving
of Mr. Frank's stone driveway and courtyard which Lang claims
that he and
his workers built by hand. Mr. Frank claims that he doesn't have
to pay because
Lang didn't have a home-improvement license. Lang claims that
he didn't
need one.
30.
In May 2013 the Glenwood Race Track opened and to the

18. consternation of Glenwood, their architect Harry Hyde had sold
the
identical plans for the track to another race
group that built the
identical racing facility in Dubai (Owned by the Arabian
Conglomerate). Glenwood also discovered that their new Logo
for the
race track was never registered by their attorneys and another
racetrack in (Owned by the New Zealand Racing Group) New
Zealand has been using the identical logo. Glenwood had also
developed a computer software program to assist betters at their
establishment in calculating odds and choosing horses in races
based
on statistical data stored in the computer program. they wan to
know
if they need a patent, trademark and/or copyright.
.