| Re: Tested Subjects for First Day of the New York Bar Exam Feb 2008 A few additional thoughts:
Essay 1
For most buyers, there is generally a duty to hold goods with reasonable care for a sufficient period of time to allow seller to pick up/remove (here, "within the week"). Merchant buyers have a more specific duty - follow instructions, sale on seller's account if perishable etc. I thought storing 2,000 pairs in an unlocked shed fell short of reasonable care.
Essay 2
Potential defense: R & S, both age 15, may qualify as juvenile delinquents subject to the exclusive jurisdiction of Family Court. Generally, 7-16 y.o. = juvenile delinquency proceedings; exceptions include serious felonies ... This may be a stretch (or way off), but I didn't have much else to put down.
Essay 4
One issue affecting liability for noneconomic damages --> whether "serious injury" threshold is met as required by NY's No-Fault Law - Passenger did satisfy requirement.
I'll post more after a day or two of sleep. |