The next California Bar Exam questions are reprinted with permission from the California Bar Investigators. The associated exam solutions are compiled by Bar None Review. Utilization of these solutions is for use on your bar review preparation and school study only. Test solutions might not be reprinted or republished in all forms without express written permission.
CONTRACTS ESSAY &lifier ANSWER
Art and Betty own adjoining farms in County, a place, where all agriculture requires irrigation. Art purchased a well-drilling rig and drilled a 400-feet well that he came h2o. Betty needed no additional irrigation water, however in The month of january 1985, she requested Art on which terms he'd drill a properly near her house to provide better tasting h2o compared to County water she's used for a long time. Art stated that while he had not before drilled a properly services, he'd charge Betty only $10 per feet, about $another than his expected cost. Art stated he would drill to some maximum depth of 600 ft, the greatest his rig could achieve. Betty stated, "OK, should you guarantee June 1 completion." Art agreed and requested $3500 ahead of time, with any extra further payment or refund to make on completion. Betty stated, " OK, " and compensated Art $3500.
Art began to drill on May 1. He'd arrived at a depth of 200 ft on May 10 when his drill struck rock and broke, inserting the opening. The accident was inevitable. It had cost Art $12 per feet to drill this 200 ft. Art stated he'd not charge Betty for drilling the useless hole, but he would need to begin a new well near by, and may not promise its completion before This summer 1.
Betty, aggravated by Art's failure, declined to allow Art start another well as well as on June 1, she contracted with Carlos to drill a properly. Carlos decided to drill to some maximum depth of 350 ft for $4500, which Betty also compensated ahead of time, but Carlos couldn't start drilling until October 1. He completed drilling and struck water at 300 ft on October 30.
In This summer, Betty prosecuted Art trying to recover her $3500, as well as the $4500 compensated to Carlos.
On August 1, County's dam unsuccessful, thus reducing the quantity of water readily available for irrigation. Betty lost her apple crop worth $15Thousand. Losing might have been prevented by moving from Betty's well if it absolutely was operational by August 1. Betty amended her complaint to include the $15Thousand loss.
In her own suit against Art, what exactly are Betty's privileges and just what damages, or no, will she recover? Discuss.Would Be A VALID CONTRACT Created?
Betty's (B's) privileges against Art (A) rely on whether a legitimate contract was created together, and whether or not this was breached by whom. A and B clearly agreed about them matter (drilling a properly) and cost ($10 a feet) and here we are at performance (June 1 completion). These terms suffice to create a contract.
Anything weren't required to maintain writing. A conntacting evidence an agreement is needed through the statute of ripoffs when land is moved, although not for services to become carried out, as here.
Betty will not have privileges against A when the contract known as just for drilling for water, but the topic here's clearly a completed well, not the mere act of drilling: B's interest (recognized to A) was within the water, and she or he requested him about drilling "to provide h2o, " and additional requested an assured completion date. Thus A might be liable, if his performance wasn't excused.