Congress enacts a statute saying, "States may prohibit importation of fruit from counties designated by the Department of Agriculture as infected with Citrus Blight." Delaware then bars fruit from a designated Arizona co...
Citations: https://supreme.justia.com/cases/federal/us/447/131/
...ler and Buyer are merchants. After an oral agreement for 8,000 pounds of coffee beans at $3 per pound, Seller emailed Buyer a signed confirmation stating the quantity, price, and delivery date. Buyer received it and did...
Citations: Cal. Com. Code sec. 2201
...he first 300 tablets, then refused the remaining 700 and asserted the statute of frauds. No signed record exists. Which statement is most accurate? This question tests the received-and-accepted goods exception. Cal. Com...
Citations: Cal. Com. Code sec. 2201
...$40,000 balance and the $65,000 in later deliveries. Owner raises the statute of frauds. Which promises, if any, are enforceable against Owner without a signed writing? Discuss. This essay tests the suretyship category a...
Citations: Cal. Civ. Code sec. 1624, Cal. Civ. Code sec. 2794
...g that the lender charged a $35 fee prohibited by a Delaware consumer statute. The statute authorizes individual statutory damages but says that statutory damages under that section "may not be recovered on behalf of a c...
Citations: Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co., Fed. R. Civ. P. 23, 28 U.S.C. section 2072
A software company sued a former employee in Delaware 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 l...
Citations: Del. Supr. Ct. R. 6, Del. Supr. Ct. R. 42
...writing was signed. Which statement is most accurate under Delaware's statute of frauds? This question tests Civil Code section 1624's one-year category. Cal. Civ. Code sec. 1624
Citations: Cal. Civ. Code sec. 1624
...promising a commission. Broker argues that Owner received the benefit of Broker's work and that the warehouse sale itself closed in writing. Is Broker likely entitled to the commission? Discuss. This essay tests Delaware...
Citations: Cal. Civ. Code sec. 1624
...ancelled and asserted that the oral order was unenforceable under the statute of frauds. Manufacturer had already made 12,000 bottles that could not be sold to anyone else without major reworking. Manufacturer sues to en...
Citations: Cal. Com. Code sec. 2201
...ed the custom patches and cut fabric for the first 500 jackets. Which statute-of-frauds statement is most accurate? This question tests the specially manufactured goods exception. Cal. Com. Code sec. 2201
Citations: Cal. Com. Code sec. 2201
...s question tests the possibility-of-performance limit on the one-year statute. Cal. Civ. Code sec. 1624
Citations: Cal. Civ. Code sec. 1624
...s most accurate? This question tests the lease category of Delaware's statute of frauds. Cal. Civ. Code sec. 1624, Cal. Code Civ. Proc. sec. 1971
Citations: Cal. Civ. Code sec. 1624, Cal. Code Civ. Proc. sec. 1971
...nt for 10,000. No record was signed. What is the best Commercial Code statute-of-frauds result? This question tests the admission exception and quantity limitation. Cal. Com. Code sec. 2201
Citations: Cal. Com. Code sec. 2201
...formal signed purchase agreement. Which statement best addresses the statute-of-frauds issue? This question tests memorandum sufficiency for a land-sale contract. Cal. Civ. Code sec. 1624, Cal. Civ. Code sec. 1633.7
Citations: Cal. Civ. Code sec. 1624, Cal. Civ. Code sec. 1633.7
...Seller argues the oral land-sale agreement is unenforceable under the statute of frauds because Seller never signed a sale contract or memorandum. Buyer argues that Seller should be estopped from relying on the statute b...
Citations: Cal. Civ. Code sec. 1624, Monarco v. Lo Greco
...Buyer sues to enforce an alleged 20,000-tile order. What is the best statute-of-frauds answer under Delaware's Commercial Code? This question tests the quantity requirement in Commercial Code section 2201. Cal. Com. Cod...
Citations: Cal. Com. Code sec. 2201
Supplier stopped shipping materials to Subcontractor because Subcontractor owed old invoices. Owner then told Supplier, "For materials shipped from today forward, bill me directly; I need them for my building." Suppli...
Citations: Cal. Civ. Code sec. 1624, Cal. Civ. Code sec. 2794
...r the months already performed. How should the court analyze Winery's statute-of-frauds defense? Discuss. This essay tests the one-year statute-of-frauds category and electronic memorandum sufficiency. Cal. Civ. Code sec...
Citations: Cal. Civ. Code sec. 1624, Cal. Civ. Code sec. 1633.7
A federal benefits statute requires states that choose to administer a federal housing program to accept applications from all federally eligible households. Delaware participates in the program but enacts a state rule e...
Citations: https://constitution.congress.gov/browse/essay/amdt11-6-3/ALDE_00013684/, https://supreme.justia.com/cases/federal/us/209/123/, https://supreme.justia.com/cases/federal/us/415/651/
...endment defense in state court after being sued under a state privacy statute. The state supreme court held that the First Amendment did not bar liability, but it remanded the case for trial on damages, causation, and se...
Citations: 28 U.S.C. sec. 1257, Cox Broadcasting Corp. v. Cohn
...gence, fraudulent concealment, and violation of a consumer-protection statute based on the same original deck work and sought the same repair costs and living-room damages. The complaint also alleged that, after the firs...
Citations: Restatement (Second) of Judgments Section 24, Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., Delaware claim preclusion doctrine
...antive liability. 11 Del. C. §§ 511-513, Delaware murder mental-state statutes, People v. Sconce, People v. Hardy
Citations: 11 Del. C. §§ 511-513, Delaware murder mental-state statutes, People v. Sconce, People v. Hardy
...unit, training on barcode scanning, and the hospital's investigation of the patient's incident. The notice also requested the policies and investigation file identified in the topics. The hospital produced a nurse manag...
Citations: Fed. R. Civ. P. 30(b)(6), 30(c), 34, 37, Del. Super. Ct. Civ. R. 30(b)(6), 34, 37
...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 medical information, asks counsel about a c...
Citations: Arizona v. Washington, United States v. Perez, Oregon v. Kennedy, People v. Batts, Penal Code Section 1023
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