Case Problem:
Question 1. Philip Laws rented an apartment from Candice Sutton. Laws had notified Sutton on more than one occasion that the wooden steps to his apartment were decaying and in need of repair. Laws claimed that he had to leave the outside light on in order to avoid portions of the steps that would no longer bear his weight when he came in at night. Sutton promised to repair the steps while Laws was away on a business trip. Accordingly, Laws did not leave the lights on during his absence. When he returned three nights later Laws was injured when one of the steps broke under his weight as he was entering his apartment. Laws sued Sutton. Sutton replied that she should not bear full responsibility for Laws' injury, as Laws knew of the condition of the steps, and had not taken the customary precaution of lighting the area.
a. You be the jury. How do you decide?
b. Discuss the applicable law(s) and then apply the law(s) to the material facts in the problem. In discussing the law, describe each element of the law and the facts that apply to each element. Include a discussion of any possible defences.
Question 2. Sierra and Hannah went snowboarding at Mammoth last winter. On the trip Sierra admired Hannah's snowboard, and told her so. Hannah told Sierra that she was going to buy a new snowboard in the summer and that Hannah would sell this board to Sierra for $300. Sierra agreed to buy the board. That August Hannah bought a new snowboard. She called Sierra and told her she was ready to complete the sale. Sierra responded by saying "What sale?" Hannah reminded Sierra of the conversation they had had that winter about Sierra buying Hannah's old snowboard. Sierra's response was "Oh, I was just admiring your board. I didn't want to buy it."
a. You be the jury. Do Sierra and Hannah have a contract?
b. Discuss the applicable law(s) and then apply the law(s) to the material facts in the problem. In discussing the law, describe each element of the law and the facts that apply to each element.