Short Answer
This is an individual assignment. Please do not consult with others. You should
label your answers and note any assumptions if you find that there are missing or
ambiguous facts.
Replay Baseball has expanded its operations to several Midwest states including Illinois.
This expansion now accounts for thirty percent of its business. Nucky has hired Eli, a 62
year-old Native American who resides in Massachusetts, to deliver baseballs to this new
region. Eli is kept very busy and works fifty hours per week. Eli delivers the baseballs in
a large tractor-trailer that Nucky purchased from Empire Trucks, a small truck dealer
operating exclusively in Boston, Massachusetts. Nucky has designed the trailer depicting
several scantily clad women in bathing suits holding baseballs. The trailer does not
include rear windshield wipers in the back of the cab.
Illinois has passed a law mandating rear wipers in cabs for all trucks travelling on its
highways.
1. Does Replay Baseball have an argument opposing the new regulation?
What if the federal government passes a law mandating that all tractor-trailers must
include a new spray-on product on rear windshields that it claims is superior to
windshield wipers.
2. Is this law Constitutional? How do courts resolve the differences between the two
laws?
One day Eli is driving the truck to Illinois from Boston when the brakes malfunction.
The brakes fail at the Massachusetts border and the truck slides across the border and
strikes Darmody in New York. Eli gets out of the cab and screams several racial insults
at Darmody who is uninjured. Eli injures his leg when he desperately pressed the brakes
in Massachusetts before he slid across the border.
Two lawsuits result:
Darmody sues Eli for violating his civil rights (federal law) in a Federal District Court in
New York for $10,000.
3. What are the jurisdictional concerns?
Eli sues Empire Trucks in a New York state court for his medical bills totaling $15,000.
4. What are the jurisdictional concerns?
Massachusetts passes two laws:
A law limiting the number of hours to 30 that those over the age of 60 may drive
in commercial vehicles.
5. Does Eli have a Constitutional argument opposing the enforcement of this law? Does
Replay Baseball have a Constitutional argument against the enforcement of this law?
A law prohibiting the use of women in bathing suits in advertisements.
6. Does Replay Baseball have a Constitutional argument opposing the new law?
Nucky fires Eli because he feels that he is too old and he does not care for Native
Americans.
7. Does Eli have an argument that Nucky violated his rights under the 14th Amendment?
Mickey has never liked Nucky so he decides to play a practical joke on him by
pretending to sell him his home in the Cayman Islands. He tells Torrio that he has no
intention of selling Nucky the home. Mickey approaches Nucky in a bar where Nucky is
clearly intoxicated. The home is assessed at $10 million but he offers Nucky the home
for $50,000. He winks and smiles at Nucky and Nucky accepts and the two shake hands.
Nucky quits his job at Replay Baseball and moves to the Cayman Islands where Mickey
informs him that he never had any intention of selling him the home. Nucky is moving
furniture and trimming the hedges at the time. Of course, Mickey never mentioned that
he owned a second home in the Cayman Islands that was recently destroyed in a
hurricane.
8. Discuss whether there is a valid offer and acceptance and, further, discuss whether
there is an enforceable contract.
Nucky decides that he will build a new home in Massachusetts with a large Jacuzzi. He
compiles specifications for the construction of the home and sends it to several general
contractors so they may provide bids/quotations. Part of the general contract includes a
large plumbing sub contract. Boardwalk Construction submits a bid to Nucky for $20
million to serve as the general contractor. As part of its general bid, Boardwalk
Construction factored $1 million for plumbing based upon a sub bid submitted by
Atlantic Plumbing. There were two other bids for the plumbing work. Boardwalk
Construction and Atlantic Plumbing have a falling out and Atlantic Plumbing no longer
wants to work on the project. The two other bids were for $10 million each respectively.
9. Discuss whether Atlantic Plumbing may revoke its offer. What are the competing
arguments? Are there any other important facts?
Boardwalk Construction is working on small renovation project for Capone at his home.
There is no written contract, but the two have orally agreed that Boardwalk will renovate
Capone’s garage for $75,000. The two have agreed that construction is to be completed
within one month. Two weeks later, Boardwalk approaches Capone and complains that
the cost of nails has increased by 40% and that the cold weather has slowed the
construction project. Boardwalk and Capone agree to increase the contact by $5,000 and
to extend the completion date by three weeks. Each party agrees in writing to this
change. Upon completion of the project, Boardwalk sends Capone a bill for $80,000.
10. How much does Capone have to pay? What are the competing arguments?
Boardwalk Construction has provided Eli a quotation of $20,000 to provide and install a
high-end refrigerator. Boardwalk has provided this quote in writing and has stated that
the quote is valid for 30 days and that Boardwalk may not revoke its offer. The next day,
several of Boardwalk’s employees quit. Boardwalk sends a fax to Eli attempting to
revoke its offer. Two seconds after Boardwalk sends the fax, it receives a fax from Eli
accepting the offer.
Extra Credit: Is there an agreement here? What are the competing arguments?
