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Posted: 3/8/2006 1:39:00 AM EDT
Writing a paper for my Engineering Law class...
;
Thought I would share the fact pattern I have analyze...


Joran and Natalee meet in the coastal town of Hollis Harbour Beach, in the state of Hollis. Hollis is a coastal state with well-developed and wealthy beachfront areas. Hollis Harbour Beach features very exclusive neighborhoods, upscale entertainment establishments and stores, including lots of bars, nightclubs and casinos along its beachfront areas.

Joran is 19, a college student, and lives in Hollis Harbour Beach with his parents. He is about 6’4” and weighs 210 lbs. Natalee is 18, is approximately 5’1” tall and weighs 105 lbs. She is from nearby Aruba, Alabama, and is in Hollis Harbour Beach for spring break with her college friends.

They meet at La Masseuse Tropique, a combination bar and spa renowned for its excellent beachside beverages and backrubs. La Masseuse Tropique is attached to the luxurious Hollis Harbour Hilton.

Joran begins plying Natalee with Hollis Hurricanes, a drink notorious for its potent combination of liqueurs. After imbibing approximately six Hurricanes each, Joran and Natalee decide to leave the bar. Joran’s friends Satish and Deepak pick them up in a beat-up Oldsmobile Cutlass. Natalee says, “Geez, Joran, is this hooptie the best you can do?” Joran, who is from a very wealthy family, has Deepak and Satish drop him off at a nearby Nissan dealership, Hollis Harbour Motors.

Joran and Natalee walk into the dealership, where they are met by Jug, a salesman. “Can I show ya’ll somethin’?” he asks in a thick Hollisian accent. Joran winks at Natalee says, “How about that one, honey? Look like a perfect wedding gift for you?” He points to a sleek 350 Z® Grand Touring Coupe Roadster in a warm LeMans Sunset orange with Burnt Orange leather interior, and 6-speed Close-ratio manual transmission. Natalee giggles and says, “Oh, yes, honey. It’s absolutely everything we’ve ever talked about getting!”

Jug allows Joran and Natalee to take a test drive (without the salesman present). When they return, Natalee is still giggling irrepressibly (and stumbling a little) and Joran says, “We’ll take it.”

The sticker price of the car is $39,225.00. Joran whips out his checkbook and says to Jug, “We have a very egalitarian relationship. I’ll put $10,000 down today, and Natalee here will take responsibility for the rest.”

After calling Joran’s bank to see if he in fact has $10,000 on deposit there (he does, and then some), the salesman takes Joran’s check and writes up a contract for the balance with Natalee’s name and other information. Natalee signs the loan agreement. Shortly thereafter, Joran and Natalee leave the Nissan dealership in their new 350Z®. Soon they pick up Satish and Deepak, and begin a spree of driving up and down the coastal highways of Hollis Harbour Beach.

Joran is driving like a maniac, and Deepak and Satish are getting nervous. Natalee is starting to feel incredibly sick. “Please, take me back to my hotel,” she begs Joran. But he pays no attention. As they are driving down a curved and winding road, Natalee throws up all over Joran. Joran suddenly lets go of the steering wheel in a reflexive gesture of surprise and disgust. In so doing, he loses control of the vehicle, which careens into a solid square cobblestone mailbox in front of a tony beachside estate.

There is substantial damage to the vehicle. The entire right front side is collapsed, the bumper is dragging, the headlight is smashed. The car is only drivable when Satish, Deepak and Joran collectively pull the bumper and fender away from the tire (which is also flat).

“Man, this sucks,” Joran says.

“What are you gonna do?” Deepak asks?

“My old man is a judge,” Joran replies. “He told me that if you’re under legal age, you can’t enter into a contract. I’m not 20, and neither is she,” he continues, pointing at Natalee, who is now passed out in the front seat. I’ll just take the car back to the dealership and ask for my money back.”

And that is precisely what he does. Joran drives Satish and Deepak to their own vehicle and asks them to meet him at the Nissan dealership. He then drives the crippled Z back to the dealership, deposits it in the parking lot, and goes inside to find Jug, the salesman. He tells Jug that he has changed his mind about the car, and wants his money returned. Jug takes one look at the car and calls the dealership manager, Greta.

“Are you out of your mind?” Greta screams at Joran. “You bought this. It’s yours, pal.”

When Joran refuses to take the car back, Greta tells him that she is going to sue him. Joran shrugs and puts the sluggish Natalee in Deepak’s and Satish’s car. They drop her back at her hotel and return to their own homes.

Hollis Harbour Nissan sues Joran and Natalee in Hollis state court, seeking enforcement of the contract of sale for the car.

For purposes of this assignment, you can assume the following:

(a) The drinking age in the state of Hollis is 18.
(b) The legal age to enter into a contract in the state of Hollis is 20.
(c) Marriage under 20 results in automatic emancipation of minors, pursuant to Hollis Revised Statutes 12 H.R.S. §(a)(1)(e).

Hollis is a made up state named after my prof...

I plan on not sleeping tonight.
Link Posted: 3/8/2006 1:43:36 AM EDT
So this is what people do in college?
Link Posted: 3/8/2006 1:50:33 AM EDT

Originally Posted By NME:
So this is what people do in college?





Link Posted: 3/8/2006 1:53:54 AM EDT

Originally Posted By NME:
So this is what people do in college?



This and drink.... alot.
Link Posted: 3/8/2006 2:13:32 AM EDT
lolz.
Link Posted: 3/8/2006 2:54:54 AM EDT
So, the assignment is to sort out the facts? Then what? You didn't state the goal of this assignment.
Link Posted: 3/8/2006 3:03:20 AM EDT
The dealer's outta luck.


Although they are responsible for the fact that they are drunk, if they didn't get married, they're not emancipated, and therefore fall under the age limited contract statute. They cannot be held to the contract, and therefore are not responsible for anything....



sucks, don't it?
Link Posted: 3/8/2006 9:36:21 AM EDT

Originally Posted By AeroE:
So, the assignment is to sort out the facts? Then what? You didn't state the goal of this assignment.



I had to argue the position of the defendant using prior cases in other states as precenents. I owned it and just turned it in. Now I have some time between that and my Analog Signal Processing class to chill... so I'm on Ar15.com at the engineering library.
Link Posted: 3/8/2006 9:38:16 AM EDT

Originally Posted By Mall-Ninja:
The dealer's outta luck.


Although they are responsible for the fact that they are drunk, if they didn't get married, they're not emancipated, and therefore fall under the age limited contract statute. They cannot be held to the contract, and therefore are not responsible for anything....



sucks, don't it?



Yup you're right, and the dealer can't argue fraud since the salesperson SHOULD have known that they were not married (checking IDs or bank records would have allowed this very easily) and thus cannot plead their own negligence as their defense. I could go on... but I would end up rewriting my paper.
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