作者modere (空裡流霜不覺飛)
看板LAW
標題Re: 美國律師考提觀摩
時間Mon Sep 3 20:13:22 2001
這是從網路上抓下來的嗎?
哪一個網站勒
想看看其他的題目.......
※ 引述《Bright (電腦救回來了 哈)》之銘言：
: 不要再浪費時間看無聊的F4啦
: 快來看看人家美國的律師考試題目
: 這是今年 New York State Bar Exam Essay Question 六題中的其中一題
: 看看消遣順便讀讀英文吧
: In August 2000, Mindy entered into a written contract with Ben, a builder, to
: construct an addition to the family's residence. One of Mindy's reasons for
: building the addition was to provide a practice gym for her son, Mike, a 21
: year old college student, who wanted to become a professional basketball
: player. Thus, the contract between Mindy and Ben provided, in part, that
: the gym would have a hardwood floor and a basketball hoop while the remainder
: of the addition would be carpeted. The contract price was $100,000, one-half
: of which was paid upon execution of the contract, with the balance to be paid
: upon completion of the job.
: In September 2000, while Mike was playing basketball at a local sports
: center, Alice, a well known sports agent, approached Mike and invited him to
: have dinner with her to discuss his career. At dinner, Alice told Mike that
: he could be a professional basketball player. Alice offered to be Mike's
: agent, and she handed him a proposed 20 page typewritten contract. When Mike
: asked Alice if he could review the contract with his mother, Alice said that
: this was Mike's "golden opportunity" and that if he didn't sign the contract
: then, it would be withdrawn. Mike signed the contract immediately.
: The next day, when Mike was reviewing the contract with his mother, they
: realized that it gave Alice the exclusive right to represent Mike for the
: next ten years, as well as 60% of all of Mike's gross income from employment
: in the field of basketball during that period. Shortly thereafter, Mike
: learned that the standard percentage for a basketball agent is 20% and that
: the usual term of such a contract is three years. Mike then promptly advised
: Alice that he would not comply with the terms of their contract.
: On December 18, 2000, Ben notified Mindy that the addition to her residence
: was completed. When Mindy inspected the work, she realized that Ben had
: installed carpeting in the gym, as well as all of the other rooms, and had
: failed to install a practice hoop. Ben said that his failure to install the
: hardwood floor and hoop in the gym was inadvertent, but the value of the
: addition was unchanged by the error. The cost to remove the carpet and
: install a hardwood floor and hoop has not yet been determined. On
: December 20, 2000, when Ben asked Mindy for the $50,000 balance of the
: contract price, she refused to pay.
: In January 2001, in response to New School District's advertisement for
: bids for the construction of a high school gym, Ben prepared a preliminary
: bid proposal in accordance with the plans and specifications of the School
: District. Before submitting the bid, Ben decided that he would be able to
: reduce his bid by $25,000. In transposing this reduction from his worksheet
: to the actual proposal however, $250,000 was inadvertently deducted instead
: of $25,000, and the bid submitted was therefore $225,000 lower than Ben had
: intended. When the bids were opened by the School District, Ben discovered
: his error. Ben promptly advised the District of his error and asked it to
: withdraw his bid. Ben provided his worksheet, which confirmed his error,
: but the District nonetheless awarded the contract to Ben based upon his
: submitted bid. Ben refused to perform the contract.
: 1. Can Alice enforce her contract with Mike?
: 2. What are the rights and liabilities of Ben and Mindy with respect to
: payment of the balance of the contract price?
: 3. Is Ben bound by the bid he submitted to the New School District?
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它們的美只有我看得見 它們的特質是由我去創造的......
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