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JD Next Up-To-Date Prep questions well answered graded A+
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JD Next Up-To-Date Prep questions well answered graded A+
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JD Next Up-To-Date PrepWho was the plaintiff in Hammer V Sidway? - correct answer ✔✔William E. Story, 2d representation
(Hammer)
Who was the defendant in Hammer V Sidway? - correct answer ✔✔William E. Story, Sr Executer (Sidway)
William E. Story the 2d is William E. Story, Sr.'s nephew, and/or William E. Story, Sr. is William E. Story the
2d's uncle. (True/False) - correct answer ✔✔True
What was the cause for action in Hammer V Sidway? - correct answer ✔✔Breach of Contract
What was the remedy in Hammer V Sidway? - correct answer ✔✔Damages
How was Hammer V Sidway decided in all three courts? - correct answer ✔✔The trial court ruled in
favor of the plaintiff.
The defendant appealed the trial court's decision.
The intermediate appellate court (called the "Supreme Court" in the state of New York) reversed the
decision.
The plaintiff appealed the decision of the intermediate appellate court (Supreme Court of New York).
Plaintiff wins.
Which part of Professor Erwin's rule brief does he identify as the basic rule or black letter law? - correct
answer ✔✔The measure of the vendor's damages is the difference between the value of the goods as
they would have been, if the warranty as to quality had been true, and the actual value at the time of
the sale.
A contract must be supported by consideration. (True/False) - correct answer ✔✔False
, Issue in Hammer v. Sidway - correct answer ✔✔Does the waiver of a legal right as a result of a contract
constitute consideration where parties involved may or may not have been benefited?
Is there consideration to support a contract where one party promises to refrain from exercising a legal
right to use tobacco and alcohol, etc.?
The abstaining party has a legal right to do what he or she abstains from doing. (True/False) - correct
answer ✔✔True
Which is the best description of an issue statement? - correct answer ✔✔An issue statement describes
the question the court is deciding in the opinion.
Which is the best description of an analysis? - correct answer ✔✔Why did the court rule the way they
did?
How did the court respond to the respective arguments?
The analysis section of your brief includes, among other things, the plaintiff's and defendant's best
arguments. (True/False) - correct answer ✔✔True
The analysis section of your brief includes, among other things, the issue before the court. (True/False) -
correct answer ✔✔False
The analysis section of your brief includes, among other things, the court's response to the arguments of
the plaintiff and the defendant. (True/False) - correct answer ✔✔True
What arguments does the plaintiff make in Hammer v. Sidway? - correct answer ✔✔The nephew
preformed the terms of the contract and should be given consideration under the law, simply due to the
fact that he waived the legal right and delivered on the promise.
What arguments does the defendant make in Hammer v. Sidway? - correct answer ✔✔D argues that P
was not harmed by waiving their legal right, and in fact, may have benefited from abstaining. Since D
was not also benefited, the contract is without consideration.
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