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Pages:
12 pages/β‰ˆ3300 words
Sources:
3 Sources
Style:
APA
Subject:
Law
Type:
Essay
Language:
English (U.S.)
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MS Word
Date:
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Topic:

Contract, Tort, and Criminal Laws: Issues and Applications

Essay Instructions:

There are 3 separate essays here. you can put them all on one document though - Contract Law, Tort Law, and Criminal Law. Use IRAC to format the essays
The typical length for a good answer is 3½ to 6 pages. It is unlikely a paper of less than 3 pages will have sufficient coverage of the issues or sufficient argument to receive a good grade. On the other hand, it is equally unlikely that a paper of more than about 6 pages will be concise and focused enough on the proper issues to receive a good grade.
Use IRAC format, and write the essay in a narrative fashion.
Contracts
Sarah wanted to buy new patio furniture and listed her old set on a popular online site for sale. Her listing included a photo, her address and cell phone number, and a description that said "Good condition patio chairs with table. First $400 takes them."
Bob sent a text message to Sarah that said, "Interested in patio set. Will you take $200?"
Sarah texted back, "No. But I'll take $300."
Just then, Sarah received a text message from Carl that said, "I'll give you $350 for the patio furniture."
Sarah immediately sent Carl a text that said, "Deal!"
Sarah then began to type a text to Bob, stating: "Sorry, I've sold the patio set to someone else." But before Sarah could send the message, Bob called her. When Sarah answered her phone, Bob said, "Hi, this is Bob. I'll pay the $300 you asked for the patio furniture. I have your address and I'm on the way to pick them now."
Sarah quickly hung up the phone without saying anything at all to Bob.
Bob then texted Sarah a message that said, "Sorry, must be bad connection. On my way for patio set for $300."
While Sarah wondered what to do, she received a text from Dan that said, "I'll take your patio furniture set. Am I the first with $400?"
Ten minutes later, Bob, Carl, and Dan each arrived at Sarah's house. Is Sarah obligated to sell the patio furniture to any of them?
Criminal Law
Ed and Frank had been planning to steal Victor's new sports car for weeks. Ed had been watching Victor's house and knew that Victor always parked the car in the detached garage, then entered his house through the back door and hung the keys on a hook near the door. Ed also knew that Victor typically went upstairs each night at around 10:00, because all the lights went out at that time.
Frank was a "locksmith" who was confident he could open any locked door within two minutes. Frank had been released from prison just a couple of months ago, having served a two-year sentence for burglary and armed robbery. Ed knew of Frank's prior conviction and had insisted they would not need any guns just to steal a car. Frank had agreed, saying he had learned his lesson about bringing guns on a crime.
Last Wednesday night, about an hour after the lights had all been turned off at Victor's house, Ed and Frank sneaked up to the back door. W hile Frank shone a small flashlight at the lock, Ed grabbed the door knob to hold it steady. However, the door was not locked, so the knob easily turned and the door opened. Ed stepped inside and reached toward the hook where the car keys were hung. Just then, the kitchen light snapped on. There stood Wanda, Victor's wife, who had come downstairs to the kitchen for a snack.
Wanda opened her mouth to scream, but closed it without a sound when she saw Frank pointing a gun at her. Frank whispered at Wanda to come outside without making a sound. Wanda was terrified, and stepped outside as she had been told. Ed shook his head at Frank when he saw the gun, but grabbed the keys from the hook, and followed Wanda outside.
Frank took the keys from Ed, opened the car trunk, and ordered W anda inside. Then he tossed the keys back to Ed, the two of them got in the car, and Ed drove away.
Meanwhile, Victor awakened, noticed Wanda missing, went into the kitchen to look for her, and noticed the door open and his keys gone. He ran outside, saw his car missing, and called the police. Police officers Oscar and Paul were on patrol together nearby, and saw a car matching Victor's description speed by. Oscar, who was driving the police car, turned on the lights and siren, and pursued Victor's car. Frank leaned out of the window, fired a couple of shots at the police car, and yelled at Ed to keep driving. Officer Paul shot back at the car, aiming toward the tire. Paul's shot missed the tire and instead went through the trunk, killing Wanda.
Ed lost control of Victor's car and crashed into a tree. The crash killed Frank instantly. Ed was apprehended. For what crimes should Ed be charged?
Torts
Traffic was heavy as Jane was driving to work one morning last month. When her cell phone rang, Jane reached into her purse to grab the phone, never taking her eyes off the road. By the time she located the phone, it had stopped ringing. As Jane glanced at the screen to see who had called, her car veered slightly over the line into the lane to her right.
Ken was also driving to work and happened to be in the lane next to Jane when her car began to veer into his lane. Ken slammed on his brakes, and narrowly avoided running into Jane. Unbeknownst to Ken, one of his brake lights was not working.
Larry was driving his children to school, and Larry's car was behind Ken's at the moment Ken slammed on his brakes. Larry had just turned his head to scold one of his children who had forgotten her homework, and when Larry looked back to the road, he was unable to stop in time to avoid a collision with Ken.
Although no one was hurt, there was damage to the back of Ken's car and the front of Larry's. They both pulled over to the side of the road and Jane, who was unaware of the collision, continued her drive to work.
As Larry took out his driver's license and insurance card, he stepped out of his car, and yelled at Ken, "You're terrible driver! Look at my poor car!"
Ken jumped out of his car and shouted, "What do you mean? You ran into me! You're the terrible driver!" Ken grabbed Larry's driver's license out of Larry's hand and ripped it in half, and said, "There! That might keep you off the road!" Larry then shoved Ken, who fell back against his car, twisting his ankle.
Larry and Ken have each filed law suits against each other, both alleging negligence, assault and battery. Discuss.

Essay Sample Content Preview:

Law
Name:
Instructor:
Institution:
Date:
Contract Law
Issue
The issue here revolves around contractual engagements between parties, or lack of it thereof. Sarah wants to sell her goods at a starting price of $400. She puts it on an online advertisement and gets several interested buyers inquiring about the same. These buyers are Dan, Carl, and Bob. The interested buyers give various offers at different times. Sarah communicates to each of them through calls and messaging and even informs Carl that she has a deal with him based on his offer to purchase the goods at $350. She also bargains with Bob, who then agrees to take the goods at $300, which Sarah had offered him as the best price for the goods. Dan later texts to inform Sarah that he will take the goods at the original price of $400.
The main issue here is that Sarah seems to be in a dilemma, as shown by her hanging up on Bob's call; she doesn't know to whom of the three customers arriving at her place to sell. She seems to fall short of making that final decision on the three buyers and wants to see how it all rolls out eventually. Sarah also doesn't seem to have communicated to either of them about whether they should come and pick up the goods at their prices. They simply assumed that she had accepted their respective offers and would automatically pick up the goods being sold. Matters to do with the law of contract can come into play here, depending on how the potential buyers are analyzed and the nature of Sarah's offer.
Rule
A contract is a legally binding agreement between two persons with the capacity for it. In this case, it is assumed that the parties involved, namely Sarah, Carl, Dan, and Bob, can get into a contract. It entails offers and counter offers. There are other things that must be included in a contract for it to be valid, mainly an offer, an acceptance, and a consideration (Cooper & Kirk, 2021). When Sarah listed the furniture on the site, it was an invitation to treat. An invitation to treat means that one party is willing to invite an offer (Graziano, 2019). It can also be viewed as an invitation to negotiate but is not an offer as there is no immediate intention to bind legally. When Bob sent the text for $200, he made the offer. Sarah countered the offer instead of accepting it.
Before Bob could accept the counter offer, Carl made an offer for $350, and Sarah accepted the offer by stating a deal. Therefore, at this point, the contract between Sarah and Bob concluded, and Sarah became bound by the contract. For a valid contract to exist, at least three elements must exist - offer, acceptance, and consideration (money/in kind) (Cooper & Kirk, 2021). In the case of Sarah and Bob, there was an offer ($200) and a counter offer ($300). However, the acceptance came after Sarah and Carl had concluded the deal. As for Dan, his was just an offer ($400); Sarah had not accepted it. Therefore, there is no acceptance.
Consequently, Dan is eliminated. However, Bob may have some rights for compensation for damages in fuel costs if he traveled to Sarah's place. Sarah should have informed him that she closed the deal first with Carl.
It is also worth noting that this was not an auction. This was just a sale advertised online. A...
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