Short Answer Questions: 

Please answer the following questions in a few sentences.  You do NOT need to write multiple paragraphs.  Feel free to type your answers or submit written answers on additional sheets of paper.

  1. Describe an example, other than one from the book, of proximate cause and how it would be used in a negligence case.
  2. Barb, a resident of Wisconsin sues Dennis a resident of Illinois for breach of contract and is seeking $250,000 in damages.  Dennis thinks all Wisconsin people are stupid so he would prefer to try the case in Federal Court.  Can he do so and, if so, how?
  3. Why do courts create quasi-contracts?
  4. What is the difference between a patent and a copyright?

Essay Questions: 

Please answer the following questions fully.  It does not need to be pages upon pages, but you must cover all the elements for each topic.  Feel free to type or submit written answers on additional sheets of paper.

1.   John owns a UWM Brew Pub.  Business has been slow because a competitor opened up down the street and they have better food and drink specials.  Instead of trying to compete, John wants out of the bar business.  He is at a party with a number of friends and says “I hate the bar business, I might sell if I could get anything over $250,000 for my bar or something decent.”  Ryan hears it and says “I accept.”  The next morning Ryan calls John to ask when he can drop off his check for $250,000 and pick up the keys to the UWM Brew Pub.  John tells Ryan he’s not selling so Ryan sues.  Who wins and why?  What defenses does John have and what arguments would Ryan need to make to prevail?

2.   Holly owns Holly’s Health Studio a gym that offers many types of fitness classes.  One class that is offered is group weightlifting.  One day the 9am class consists of 20 people and is very crowded.  Immediately after the 9am class leaves the 10am class comes in.  Between the number of people in the 9am and the fact that it is 102 degrees outside the floor in the studio is full of water puddles of sweat.  During the 10am class Billy slips on a puddle of sweat and falls into Susan who is his workout partner for that exercise.  Billy twisted his ankle and Susan broke her arm when she tried to catch herself during the fall.  Who can Billy sue and why?  Who can Susan sue and why?  What defenses exist for anyone you said could be sued?

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