When George smells smoke coming from the kitchen during the birthday party for his girlfriend Robin's son, he starts screaming "Fire!" and runs out of the building. Pushing everyone in sight, and stepping on Robin's mother's arm notwithstanding, could George get in trouble for screaming "fire!" in a crowded area? https://www.youtube.com/watch?v=AC91reeH4Ls Shouting fire in a … Continue reading “The Fire” – Free Speech
“The Implant” – Double Dipping
When George dips his chip a second time at the wake to memorialize his girlfriend Betsy's aunt, Betsy's brother Timmy accuses him of double dipping his chip. What's so bad about double dipping anyway? Could double dipping be illegal? https://www.youtube.com/watch?v=KLOyChP2AWA We're just lawyers here, so it's not up to us to adjudicate social norms. Even … Continue reading “The Implant” – Double Dipping
“The Wizard” – Election After Impeachment
After moving to Del Boca Vista Phase III, Morty Seinfeld takes an interest in politics and wants to run for condo board president. But Jerry tells his father " you can't run for condo president because you were impeached at the other condo." So instead, Morty decides to back Kramer in the next condo board … Continue reading “The Wizard” – Election After Impeachment
“The Race” – Contracts (Bonus content!)
Yesterday, one of our writers argued that Duncan would only need to cover airfare if Lois brought a claim against him under a theory of Promissory Estoppel. In this bonus content, the other writer will take the opposite approach. The principle of Promissory Estoppel dictates that the court will use equitable principles where there are … Continue reading “The Race” – Contracts (Bonus content!)
“The Race” – Contracts
Before Jerry and Duncan have their Big Race, Duncan tells Lois that if Jerry beats him, he'll fly her to Hawaii for 2 weeks. Is Duncan bound by his words to Lois? Is he obligated to send her to Hawaii? https://www.youtube.com/watch?v=ZOJt6jsy1AQ As we've discussed in our post on The Puffy Shirt, an oral contract is … Continue reading “The Race” – Contracts
“The Soup Nazi” – Copyrighting a Recipe
After a bunch of street-thugs walk-away with Elaine's recently purchased armoire, Kramer gifts Elaine a new one he was given by Yev Kassem, aka the Soup-Nazi. Unbeknownst to our favorite chef, he has left his entire list of soup-recipes in one of the drawers. Elaine, who has recently been banned from the store, decides to … Continue reading “The Soup Nazi” – Copyrighting a Recipe
“The Scofflaw” – Party Whips
Is Kramer correct when he said: "well, you know in the old days, when the senators didn't vote the way that the party leaders wanted 'em to… they whipped them."
The Parking Garage – Unlawful Imprisonment
Following their purchase of an air-conditioner, Jerry and friends get lost in the mall parking lot while looking for George's car. Since shopping makes Jerry "have to go," he gives into his organic nature for ten seconds. But a security guard spots him and takes Jerry into custody. Does the security guard have a right … Continue reading The Parking Garage – Unlawful Imprisonment
“The Virgin” – Negligence per se
When Ping the delivery boy swerves his bike out of the way and crashes into a parked car to avoid hitting Elaine in the crosswalk, he hurts his head and, more upsetting to George, loses the delivery order, except for the pea pods. Is Elaine at fault for Ping's crash? Can Ping successfully sue Elaine? … Continue reading “The Virgin” – Negligence per se
“The Visa” – Dismissing a Case
After Elaine accidentally causes Ping the delivery boy to crash his bike into a parked car, Ping files a suit against Elaine for the injuries he sustained during the crash. But when George starts dating Ping's cousin Cheryl, the courtroom "terminator," Ping drops the suit based on Cheryl's advice. Is Ping legally allowed to bring … Continue reading “The Visa” – Dismissing a Case