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Mark sued a bank for injuries. He was not paying aTen±on as he entered the bank because he was looking at his phone. And he fell suFering $10,000 in injuries. Prior to the fall, the janitor had buFed the ²oor. ³he janitor had an IQ of 70. Normally, the janitor was closely supervised. However, today his manager was extremely ±red, and the manager didn’t no±ce that the janitor had carelessly used way toomuch ²oor wax that was extremely slippery. Is the bank liable for the janitor’s negligence (be sure to go through all the elements.) Addi±onally, note that under the doctrine of respondeat superior the bank WILL be liable for any poten±al negligence of the janitor employee? What defenses will the bank assert? Assume that the jurisdic±on does not recognize assump±on of risk or contributory negligence. ³he jurisdic±on does recognize the defense of compara±ve negligence.2) Adverse PossessionLisa and Danny are neighbors that live on Guerrero Street. ´iµeen years ago Lisa built a gazebo. She frequently used the gazebo, but she was not aware that actually the gazebo was on property belonging to Danny. A month aµer the gazebo was built Lisa built a fence between her and Danny’s yard, and the gazebo was on Lisa’s side of the fence. ´iµeen years later, Danny has a survey done, and he discovers that the gazebo is on his land. Danny brings a suit to evict Lisa from the land. Does Lisa have a defense? Assume that the state in ques±on has an adverse possession period of ten years.3) Construc±ve Evic±on and the Implied Warranty of HabitabilitySteve is ren±ng a property from Billy. One evening Steve tripped and fell down the stairs. ³he issue is that one of the stairs in the common area was faulty. Billy knew about the stair, but he had never got around to ¶xing it. Steve injured his leg, so he decided to return to his room. ³he heater was not working (and it was in the middle of winter). Steve had told Billy about the faulty heater for months, but Billy never got around to ¶xing it. ³here is a local ordinance that requires landlords to repair heaters. Addi±onally, assume that this jurisdic±on includes the implied warranty of habitability. ³he jurisdic±on recognizes construc±ve evic±on, and it follows the majority rule of when landlords are liable for injuries.•What causes of ac±on does Steve have?•What remedies does he have for the faulty heater?4) ´iduciary Du±esJimmy is the CEO of News Corp. His son, Johnny, runs ³elevision Inc. One day Jimmy suggests that Johnny sell ³elevision Inc. to News Corp. Jimmy and Johnny work together to radically in²ate the value of ³elevision Inc. Jimmy brings a proposal to the Board of Directors to buy ³elevision Inc. for $500 million dollars even though the corpora±on is only worth $2 million. ³he board of directors diligently examines
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the transacTon, but due to clever forgeries, the board does not discover the radical inFaTon of the corporaTon. Jimmy never discloses his relaTonship with Johnny. ±he sale goes through, and it is shortlydiscovered that ±elevision Inc., is pracTcally worthless. •A shareholder sues alleging that Jimmy violated his ²duciary duty of loyalty. •AddiTonally, the shareholder claims that the directors violated their ²duciary duTes of care. •Is the shareholder correct?5) Breach of ContractJohnny, a neighbor who is not a merchant under the Uniform Commercial Code, o³ers to buy a car from Mark for $30,000. Mark asks Johnny for some Tme to think about it. Johnny says sure. He writes on a piece of paper that he will keep the o³er open for two weeks. A week later Johnny sees another car he would rather buy. He purchases that, and then he tells Mark that he is revoking his o³er. ±wo days a´er that Mark said: “I’m sorry Johnny you made an o³er in wriTng to buy my car. I’m going tohold you to that.” Johnny replied: “Sorry I cannot do that. But I will promise to pay you $10,000 for the help you gave me last year around the house.” Somewhat molli²ed Mark accepts. A week later and Johnny decided to renege on that promise as well. µed up, Mark sued Johnny for breach of contract on both the promise to buy the car and the promise forthe $10,000.•Discuss whether the elements of a contract are saTs²ed in this case.6) CapacityLisa is walking down the street in January when she noTces a young man named Denny. Denny looks a li¶le worse for wear, so Lisa o³ers to buy him lunch. As they are talking, Denny says to Lisa: “I’m in a pre¶y rough spot. I don’t have any money right now. But I promise to pay you $450 if you give me that coat you are carrying and some food (that sum represents the reasonable value of those items). Lisa responds: “How old are you?” Denny states that he is 20. However, this is a lie. Denny is actually 16. Lisa looks him over one more Tme, and she agrees to the exchange.Before they leave, Denny says,”Actually, I will promise to give you another $50 if you let me borrow your bike.
