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Fran,a Freshman,arrives at College Ready to Start Her First Year

Question 82

Essay

Fran,a freshman,arrives at college ready to start her first year.Her parents give her $1,000 as an early birthday present because her eighteenth birthday is in October.She purchases the latest appliance from a local store: a compact (size of a file cabinet)combination beer-brewing refrigerator.The compact size allows her to fit it in her dorm room without her Resident Advisor (RA)knowing about it,which is important because such appliances are not allowed in her dorm.Not only is it the size of a file cabinet,it is made to look like one.One hot September afternoon,her RA notices her dispensing a beer and discovers that the file cabinet is in reality a microbrewery.The following conversation takes place:
RA: You have 24 hours to get that out of here!
Fran: But then it'll be a hassle to get beer.
RA: Yeah,I know what you mean.That sure is convenient.How is the beer?
Fran: It's pretty good.Better even than Snail Ale or Critter Bitter.If you let me keep this here all year,you can have unlimited access,except when I'm sleeping.
RA: It's a deal,so long as you don't tell anyone about it.
Fran: O.K.
Fran soon becomes the most popular person in her dorm.The people coming and going to her room prompt the RA to tell her just after Thanksgiving that she must remove the appliance at the end of the semester.She sues the RA for breach of contract.Discuss the arguments that each might raise and the court's likely resolution.

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Fran has given consideration; the RA lik...

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