ESSAY QUESTIONS – ANSWER ANY TWO (2) QUESTIONS – PLEASE BE SURE TO READ WHAT IS REQUESTED OF YOU AND ANSWER ALL QUESTIONS AND DEFINITIONS COMPLETELY. USE OTHER SIDE OF PAGE IF NECESSARY

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ESSAY QUESTIONS – Answer any two (2) questions – PLEASE BE SURE TO READ WHAT IS REQUESTED OF YOU AND ANSWER ALL QUESTIONS AND DEFINITIONS COMPLETELY. use other side of page if necessary

1. Amelia’s son told her that when he died he wanted his remains cremated and placed in a columbarium. They are Roman Catholic. The son died suddenly and was buried by Amelia in St. Mary’s Cemetery under the rules and canons of the Roman Catholic Church. These canons prohibited the following: cremation, except in cases of great emergency; removal of bodies from a cemetery for cremation; and removal of a body from the cemetery without consent of the Archbishop of the Archdiocese of San Francisco. Five years later, Amelia sought to remove her son’s body, claiming she made a mistake, was grief stricken, and was under the influence of the Roman Catholic Church at the time of his death and by reasons thereof failed to observe his wisher. She further claimed the prohibitions of the church were never called to her attention. The Church refused to allow removal, claiming they had no knowledge of the son’s wishes, and that she agreed to the rules and canons at the time of the contracting for his burial.

Please list the elements that must be proven for lack of consent. Should the court allow the removal? Why or why not.

2. Thompson’s house was destroyed by fire and claims were filed with the insurance company. The insurance company (insurer) hired Cannon to investigate the fire as it was suspicious about the cause. Subsequently, the insurer denied the claims based on Cannon’s report. Thompson sued the insurer and Cannon. Thompson claimed to be a third party beneficiary of the Cannon-insurer contract.

Is Thompson correct? If not, what type of beneficiary is he and why?

3. Kwan purchased a new Mercedes Benz automobile from a dealership for $46,370.24. During the first year of ownership, he returned the car at least 10 times for numerous repairs, some of which Kwan complained were repeat problems that were never fixed correctly. Ultimately, Kwan returned the car for a refund, which was refused. Kwan sued for a refund and for damages for emotional distress. Kwan testified that the repeated efforts to get the car repaired and the operational problems he considered un safe, made him “frustrated and mad,” “sad,” “nervous,” and “worried about the safety for the family.” The jury awarded Kim $10,000 for emotional distress.

First, which warranties can Kwan claim have been violated? Why? Under which law might Kwan be entitled to damages for distress? Why?

4. Alison plots a new Black Widow adventure and carefully and skillfully imitates the art of Marvel Comics to create an authentic-looking Black Widow graphic novel. Alison is not affiliated with the owners of the copyright to Black Widow.

Can Alison publish the novel as her own work without infringing on the owners’ copyright?

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