QUESTION $1(60$ Points$)$

You have decided to open a ski resort that will cater to beginner skiers who will come to the

resort after school and on weekends. Your best childhood friend, Jane, is interested in joining

you in this venture and is prepared to assist with the mechanical aspects of the business such

as building and maintaining the chairlifts and snowmaking equipment to allow you to focus on

the recreational aspects, like ski instruction and restaurant management. You have decided to

join forces with Jane and possibly another friend, Pat who has never had any experience in the

ski resort industry, but has had a successful career as a hedge fund manager and so is able to

contribute almost all of the $$16$ million needed to finance the venture. You all agree it would

make sense to utilize a business structure that will protect you three from individual liability while

allowing the three of you to manage the business as you see fit. What is the form of business

that would make the most sense and why?

QUESTION $2(60$ points$)$

You are an attorney specializing in the defense of personal injury lawsuits brought against your

clients. One day, Martha, a prospective client comes to your office. She owns a candy store in

downtown Hartford, Connecticut. Two days ago, a $16$ year old customer was in her store, and

as he was sampling a gobstopper, he began to choke. As he gasped for air, he fell backwards,

slipping on a small puddle of water that had accumulated shortly after his arrival at the store and

as a result of a leak in the customer$$s own water bottle. Fortunately, the action of slipping

caused the gobstopper to dislodge from the customer$$s throat but he did suffer a broken arm

when he fell to the ground after his slip. Martha would like to settle the customer$$s claim as

quickly as possible and without litigation but wants you to draft the settlement agreement for

signature by the customer and Martha. The customer has agreed to accept $$100\mathrm{.}00$ and a

lifetime supply of gobstoppers in return for signing the settlement agreement. What

considerations will you make in drafting the settlement agreement and what advice will you give

to Martha about the enforceability of the settlement agreement?

QUESTION $3(60$ Points$)$

On May $1,2024,$ Harriet emails her local arborist, Ralph, who, on other occasions has pruned a

number of trees and bushes on Harriet$$s property. In her email, Harriet asks Ralph to stop over

sometime between May $10$ and May $15,2024$ to inspect a large Norwegian Maple in her

backyard. She is concerned that some of the branches are dead and may fall on her house.

She tells Ralph to go ahead and cut down any branches he feels are dangerous and she will

pay him his usual hourly rate of $$100$ when she returns from her month$-$long trip to Scotland.

She usually pays Ralph on the spot for his work according to his terms. She tells Ralph that

once she leaves her house on May $2,$ she is going $$off the grid$$ and will have no email access

until she returns June $2.$ She tells Ralph that it is critical he cut branches off only the tree in the

corner of her backyard next to the shed as the other Norwegian Maple in her yard actually

belongs to her next door neighbor and cannot be cut without the neighbor$$s permission. Ralph,

being very busy, sends his assistant arborist, Sebastian, to inspect Harriet$$s tree on May $17.$

Sebastian takes a look at both Norwegian Maples in Harriet$$s backyard and decides that

although they are both in pretty good shape, both could use a good pruning. Sebastian spends

six hours at Harriet$$s cutting off any dead branches as well as a number of branches that

Sebastian thinks take away from the trees$$ natural beauty. As he is finishing up his work,

Sebastian is met by Harriet$$s neighbor who is irate that Sebastian took it upon himself to cut the

neighbor$$s tree as well as Harriet$$s$.$ When Harriet gets home from her trip, she finds two

lawsuits sitting in her mailbox. One, filed in state court, is from the neighbor claiming that

Harriet caused Sebastian to trespass onto and damage his property. The neighbor seeks $$1$

million in damages for the damage to his tree. The second lawsuit is from Ralph and is filed in

the local Federal District Court claiming that Harriet has failed to pay him the $$600\mathrm{.}00$ owed as

a result of Sebastian$$s work cutting the Norwegian Maples. Harriet wants to know whether she

has any defenses to these lawsuits and if so$,$ is she likely to prevail in her defense?