I have now submitted the scores for your midterms. (Please check your email for instructions on how to retrieve your scores). You can download the exam here, and the A+ paper here. The purpose of the midterm was to serve as a indicator of where you stand at the half-way point of the semester. As I expected, no one failed (and thus no one received a negative participation score), although the distribution was lower than my normal final exam curve.
Some high level observations on the questions.
- For the most part, everyone properly recited the elements for adverse possession. But the bigger issues was that Simba was a minor (a disability), and that tolled the statute of limitations. Even deeper, there was a tough call of whether Scar had a claim of right, in light of the fact that Simba was uaware of the squatting, but Scar thought he was dead. I would accept either answer on this, so long as you identified the issue and engaged it.
- Quite a number of you missed the fact that Mufasa attempted to give a testamentary gift (“at my death”) without satisfying the requirements of the statute of wills. It was not a valid inter vivos gift, because delivery was delayed till after death.
- This question had two elements–whether the failure to disclose the daily wildebeest stampede constituted a material latent defect, and whether that defect rendered the title unmarketable. I think the better answer to both questions is probably no. Simba could have easily learned about the daily stampede, and the title of the land was not subject to question. I would have accepted either side if you made the argument well.
- This question was based on Stambovsky v. Ackley, and tested whether you understood how a haunted property could be a latent defect. Under the common law, this was not a latent defect.
- The final question was aimed at testing whether you understood the different standards for awarding an injunction or damages in response to a nuisance. Some of you referenced the Coase Theorem, which was a plus.
I will discuss this further in class on Wednesday.