Try your hand at three Maryland General Bar Exam review questions and find out.
Summer 2017 General Bar Exam – Question 8
At the end of April 2017, Mr. Beta noticed that his new neighbor, Mr. Alpha, had not mowed his one-acre lawn since moving into his house next door at the end of March 2017. Alpha and Beta reside in a subdivision in Baltimore County, Maryland.
Beta, who owns and operates a lawn and garden care company in Baltimore County, Maryland, approached Alpha and offered to weekly mow Alpha’s lawn during the spring and summer 2017 growing season (May through October 2017). Beta said he would charge Alpha a seasonal price of $2,400, which Beta said was ten percent less than the market rate in the neighborhood. Beta told Alpha if he didn’t want to pay the entire seasonal price up front, he could pay $100 following each mowing, which would total $2,600 for the season. Alpha told Beta he’d think about it.
At the end of the first week in May, having received no response from Alpha, Beta mowed Alpha’s lawn. As Beta was completing the mowing, Alpha arrived home. Alpha did not speak to Beta, but gave him a thumbs-up sign as he pulled his car into his garage. Later that evening, Alpha slipped his personal check for $100 into Beta’s mailbox.
Beta continued to mow Alpha’s lawn weekly through the end of June, and Alpha paid $100 by check within a day of each mowing. After the mowing at the end of June, Beta left a note in Alpha’s mailbox offering to trim and shape Alpha’s shrubbery for $350, which Beta indicated was ten percent less than the market rate. A day later, Alpha put a note in Beta’s mailbox which read, “Can you do the shrubbery in August after the blooming has ended? Thanks, Alpha.” Beta mowed Alpha’s lawn and trimmed and shaped Alpha’s shrubbery at the end of the first week of July.
Beta mowed Alpha’s lawn at the end of the second and third weeks in July. Alpha refused to pay Beta for any of the work Beta had done in July. Assume that all of the above facts can be proven at trial by competent and admissible evidence. Beta files suit in the appropriate court to collect the money he believes Alpha owes him.
- What argument(s) can Beta make to collect? What defense(s) might Alpha argue in response?
- Assume Beta’s suit is successful. How will his damages be calculated? Fully explain the factual analysis and legal reasoning that is the basis for your answers.
Summer 2017 General Bar Exam – Question 9
Early in the morning after an unexpected ice storm, Owner, who owned the “Little Town Shopping Center” (“LTSC”), called his tenant, Henrietta, owner of the Hair Academy, to clear and sand the sidewalks before they opened.
Henrietta arrived late to the salon. She opened for business, but didn’t bother to check her voicemail. She did not clear or sand the sidewalk. Cassie, a customer of the Hair Academy, parked her car in front of the Hair Academy.
Tina, an 18-year-old student at the Hair Academy, is Harriet’s unpaid intern. While parking her car, she slid on the ice and hit Cassie’s car in the next space. Tina does not have car insurance.
Henrietta told Tina to start working on Cassie’s hair, and Henrietta would be out in a moment to supervise. While straightening Cassie’s hair, Tina talked about hitting a pink Cadillac in the parking lot. Cassie, realizing it was her car, jumped up in anger, causing Tina to drop the straightener, which burned Cassie’s cashmere sweater and arm. Cassie stormed out of the hair salon, where she slipped and fell on the icy sidewalk, breaking her leg.
You are a licensed Maryland attorney to whom Cassie was referred. Please review for Cassie who she can sue, the causes of action she may pursue, and potential damages she can recover. Explain your answer fully.
Summer 2017 General Bar Exam – Question 10
The Maryland General Assembly, in a stated effort to protect coastal resources, recently enacted legislation, which was signed by the Governor, preventing the construction of any new structure on Atlantic beachfront property or any real property within one half-mile of the Chesapeake Bay. However, aquaculture may be engaged in on Atlantic beachfront property. “Aquaculture” is defined as “the raising of crabs, oysters, or clams for commercial or individual use.”
Owners of real property on both the Atlantic Ocean and the Chesapeake Bay have approached you, a licensed Maryland attorney, and asked if they have any recourse against the State, as they wish to build waterfront residences on their property, all of which was purchased before the legislation was enacted.
What would you advise? Explain your answer fully.