...Superior Court for breach of contract, trade secret misappropriation, and fraud. The court granted the employee's Rule 12(b)(6) motion on the contract claim without leave to amend, but the trade secret and fraud claims r...
Citations: Del. Supr. Ct. R. 6, Del. Supr. Ct. R. 42
...er received a commercial espresso machine, inspected it for two days, and then used it in Buyer's cafe for six weeks. Buyer later discovered that one nonessential display light did not work. Buyer notified Seller of the...
Citations: Cal. Com. Code sec. 2606, Cal. Com. Code sec. 2607, Cal. Com. Code sec. 2608
...Consultant's basic proof burden? This question tests the plaintiff's performance or excuse element in breach actions. CACI No. 303
Citations: CACI No. 303
...Which statement is most accurate? This question tests the substantial-performance standard. CACI No. 312, Connell v. Higgins
Citations: CACI No. 312, Connell v. Higgins
Festival hired Lighting Company to provide stage lighting and technicians for a three-day music festival beginning July 10. Festival was to pay a 40 percent deposit on July 1 and the balance when the lighting rig was rea...
Citations: Cal. Civ. Code sec. 1440
...incidental expenses, and the value it would have received from timely performance. Which statement best describes the usual contract-damages goal? This question tests the basic expectation-damages measure. https://leginf...
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3300., https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3358.
...ibility. The legally significant act occurred after warnings, partial performance, and a documented objection. The chronology includes warnings, partial performance, and a written objection, creating a close question abo...
Citations: Restatement (Second) of Torts, Restatement (Third) of Torts
...e 20, Seller delivered 500 ivory tablecloths. Buyer promptly rejected and stated the color was wrong. Seller immediately replied that it would deliver 500 white tablecloths on June 25. Which statement is most accurate? T...
Citations: Cal. Com. Code sec. 2508
...th Editor and hired another editor. Which statement best explains the performance issue? This question tests material breach and discharge of dependent obligations. Brown v. Grimes, CACI No. 303
Citations: Brown v. Grimes, CACI No. 303
...ext shipment," Buyer became reasonably insecure about Seller's future performance. Buyer sent a written demand for adequate assurance and temporarily suspended its next payment obligation while awaiting assurance. Which...
Citations: Cal. Com. Code sec. 2609
...dor did not timely perform. How should the court analyze the parties' performance and breach arguments? Discuss. This essay tests prevention of performance and excuse for nonperformance. Cal. Civ. Code sec. 1511, Cal. Ci...
Citations: Cal. Civ. Code sec. 1511, Cal. Civ. Code sec. 1512, CACI No. 303
...was late. Which statement is most accurate? This question tests late performance where time is not expressly essential. Cal. Civ. Code sec. 1492
Citations: Cal. Civ. Code sec. 1492
...rries from Grower. Each weekly shipment was to be separately invoiced and accepted. The contract stated that Grocery Chain needed a reliable summer supply for advertised weekend sales. The first two shipments were confor...
Citations: Cal. Com. Code sec. 2609, Cal. Com. Code sec. 2612
...ack chairs of the same model. Hotel immediately rejected the shipment and notified Seller that the chairs were the wrong color. The same day, Seller responded: "We shipped the wrong color. We will pick up the black chair...
Citations: Cal. Com. Code sec. 2601, Cal. Com. Code sec. 2508
...tor did not perform exactly as promised. How should the court analyze performance and breach? Discuss. This essay tests substantial performance and material breach in a construction-style fact pattern. CACI No. 303, CACI...
Citations: CACI No. 303, CACI No. 312, Connell v. Higgins
Seller agreed to deliver custom display shelves to Buyer on August 1, with payment due on delivery. On July 15, Seller emailed Buyer, "We will not make or deliver the shelves. Find another supplier." Seller never retr...
Citations: Cal. Com. Code sec. 2610
...0, Seller emailed, "We probably cannot perform." Buyer immediately demanded adequate assurance but did not cancel or buy replacement bottles. On May 15, Seller sent records showing production was complete and stated it w...
Citations: Cal. Com. Code sec. 2611
...ked the duplex feature. The contract was not an installment contract, and no facts suggest an agreed limitation of remedies. What is Buyer's basic Article 2 option on the nonconforming tender? This question tests the buy...
Citations: Cal. Com. Code sec. 2601
...s are freely delegable and that Hotel accepted Apprentice by allowing performance to begin. Hotel sues Chef for breach. Analyze whether Chef validly delegated the duties, whether Hotel's conduct released Chef, and what l...
...re Superior Court for breach of contract, alleging defective flashing and seeking the cost to repair the deck plus water damage to the living room. After a bench trial, the court entered judgment for the contractor, find...
Citations: Restatement (Second) of Judgments Section 24, Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., Delaware claim preclusion doctrine
...." The parties never discussed hours, deliverables, staff, budget, or performance standards for that support. Distributor seeks to enforce both the almond sale and the marketing-support promise. Analyze whether each alle...
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1550., https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=COM§ionNum=2102., https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=COM§ionNum=2204., https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=COM§ionNum=2305.
...on error. The patient noticed the hospital's Rule 30(b)(6) deposition and listed topics including medication-administration policies in the surgical unit, training on barcode scanning, and the hospital's investigation of...
Citations: Fed. R. Civ. P. 30(b)(6), 30(c), 34, 37, Del. Super. Ct. Civ. R. 30(b)(6), 34, 37
...ble parcel available for its planned project. Buyer sues for specific performance, breach-caused incidental expenses, and the $75,000 liquidated sum. Seller argues that the liquidated damages clause is Buyer's exclusive...
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1671., https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3384., https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3387.
...The jury is sworn, the only alternate juror is excused for hardship, and the prosecution presents two days of testimony. On the third day, a sitting juror is hospitalized after an accident. The trial judge obtains medic...
Citations: Arizona v. Washington, United States v. Perez, Oregon v. Kennedy, People v. Batts, Penal Code Section 1023
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