View Single Post

Old 02-27-2008   #4
CMB714
New
 
Join Date: Nov 2007
Posts: 1
CMB714 is new here, but building a  reputation
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.
CMB714 is offline   Reply With Quote