hammer and strips a cartridge from the top of the inserted magazine into the firing chamber. To fire the pistol, the user must switch the safety to the fire position, cock the hammer, and pull the trigger.The plaintiff maintains that Colt defectively designed the pistol because the pistol did not have a “magazine disconnect,” a feature that would have prevented it from shooting once the magazine had been removed. She maintains that neither Martin or Nadeau knew that even after the magazine had been removed, the gun was still capable of firing a cartridge that had been loaded from the magazine into the firing chamber. She maintains that the magazine disconnect can be readily and inexpensively incorporated into the design of the gun without impairing its functionality.Colt maintains that incorporating the magazine disconnect would substantially interfere with its functionality—the ability of law-enforcement agencies to fire the pistol while in the process of loading and unloading. Colt cites that the Army as well as most American police departments insist that semi-automatic pistols do not have magazine disconnects.You are the trial judge. Is the pistol defectively designed? Give arguments that both sides will make. 20 points 7
III. Warren Treece is the vice-president of Vend-A-Win a corporation that produces and distributes punchboards [some type of gambling device]. On July 24, 2003 Treece appeared before the Washington State Gambling Commission in support of punchboard legitimacy. Vend-A-Win was attempting to get a temporary license to distribute punchboards. During the testimony Treece made the following statement:I’ll pay a hundred thousand dollars to anyone to find a crooked board. If they find it, I’ll pay it.The statement brought laughter from the audience.The next morning, the plaintiff Vern Barnes was watching a TV news report of the proceedings and heard Treece’s statement. He also read a report in the local newspaper. A number of years earlier, while employed as a bartender, Barnes had purchased two fraudulent punchboards. On July 26, after locating the punchboards, Barnes phoned Treece and asked if his earlier statement had been made seriously. Treece assured Barnes that the statement was firm, and informed Barnes that the $100,000 was in a special bank account. The next day Barnes took his boards to the Washington State Gambling Commission. Treece was in attendance at this meeting. The commission found that the punchboards were indeed fraudulent. Treece refused to pay Barnes. Barnes sued Treece for breach of contract.You are the trial judge. Was a contract formed? Why or why not? Give arguments that both sides will make. 20 points 9
Second Midterm Key LEB 323 Fall 2005 Same drill as before. If you want me to look over something on your exam, please write up a short explanation why and submit it by Monday, November 21.
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