CA Bar Exam 練習答案: Remedies (Feb 2013)

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問題文

February 2013 Question 3
https://nwculaw.edu/pdf/bar/February%202013%20Essays%20and%20Sample%20Answers.pdf

In 2004, Mary and Frank orally agreed to jointly purchase a small storefront space in City for $80,000. Mary contributed $40,000 of her own money. Frank contributed $40,000 he had embezzled from his employer, Tanner. Mary and Frank agreed to put the property in Frank's name alone because Mary had creditors seeking to enforce debts against her. They further agreed that Frank would occupy the property, which he planned to use as an art studio and gallery. They also agreed that, if and when he vacated the property, he would sell it and give her one half of the net proceeds. He then occupied the property.

In 2005, Tanner discovered Frank’s embezzlement and fired him.

In 2012, Frank sold the property, obtaining $300,000 in net proceeds. Frank offered to repay Mary her $40,000 contribution, but Mary demanded $150,000.

Mary and Tanner each sued Frank for conversion.

At trial, the court found Frank liable to both Mary and Tanner for conversion.

1. What remedy or remedies can Mary reasonably obtain against Frank for conversion, what defenses (if any) can Frank reasonably raise, and who is likely to prevail? Discuss.
2. What remedy or remedies can Tanner reasonably obtain against Frank for
conversion, what defenses (if any) can Frank reasonably raise, and who is likely to prevail? Discuss.

答案