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Exam 17: Legal Assent

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Question 1

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[Sale of KyRo's Toys] Ky and Roland owned KyRo's Toy Distributors together for many years. After years of arguing about sharing an office, they decided they no longer wanted to work together, even though each wanted to remain in the toy distribution business. They asked their accountant, Delia, to separate the accounts equitably, and she prepared a spreadsheet showing the value of KyRo's accounts, and an equitable division of those accounts. Ky and Roland reviewed the division of accounts and signed a separation agreement that included a phrase that the accounts would be divided 50-50 as per Delia's spreadsheet attached to the agreement. Both Ky and Roland signed a disclaimer that stated that they had reviewed the attachment. Six months later, when commissions arrived for the two separate companies, Ky noticed that he was making substantially less than one-half of what he made with KyRo, and upon investigation, realized that some of the financial information on which Delia had relied in preparing the spreadsheet had been outdated, and the accounts, were in fact, not divided equally. Ky now wants to rescind the separation agreement, claiming that all three elements of mutual mistake are present, and that the mistake about the division of accounts had a material effect on the agreement because it was not what was intended. -What must Ky show in order to meet the third requirement necessary to prove mutual mistake?

A) That enforcement of the contract would have an adverse effect on the party who did not agree to bear the risk of mistake.
B) That enforcement of the contract would not have an adverse effect on either party.
C) That enforcement of the contract would have an adverse effect on both parties.
D) That failure to enforce the contract would have an adverse effect on both parties.
E) That failure to enforce the contract would have an adverse effect on only one party.

F) A) and E)
G) D) and E)

Correct Answer

verified

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Question 2

Multiple Choice

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[Cheap Motorcycle] Jack, an unpleasant, disagreeable, business law teacher, notices that a student, Liam, who is past the age of majority, has a nice motorcycle for sale. Liam has struggled through school, is in his last semester, and needs to pass business law in order to graduate. Jack tells Liam that he would like to see Liam pass and, in the next sentence, says that he wants to buy the motorcycle for $100, a price far below the value of the motorcycle. Liam asks if Jack is serious about the price, and Jack replies, "I have the power here! Take it or leave it!" Jack proceeds to draw up a contract for the sale of the motorcycle for $100 which Liam signs. Liam does some research and finds that Jack has had several arrests for driving under the influence in a nearby town. As an act of revenge, Liam tells Jack that unless Jack sells Liam his new Mustang convertible for $50, he will send a letter about the arrests to the school newspaper. Jack reluctantly agrees to the deal. -Liam could seek to rescind the contract for the sale of the motorcycle under the theory of ________.

A) fraud.
B) duress.
C) undue influence.
D) fraud or undue influence but not duress.
E) Liam may not rescind the contract.

F) C) and D)
G) A) and C)

Correct Answer

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B

Question 3

True/False

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Scienter is present when the party accused of making the fraudulent assertion believed that the assertion was false or made the claim without any regard for whether it was true or false.

Which of the following is false about the concepts of mistake and misrepresentation?

[Elton's Electronics] Elton's Electronics sells electronic housewares. Elton is looking for a new supplier to produce the standard-sized switchplate for its best-selling blender. He contacts Porter and provides Porter with specifications for where the switches on the switchplate should be placed. Porter provides excellent pricing and delivery terms, which would save Elton a lot of money. Elton and Porter sign a contract for Porter to produce 10,000 standard-sized switchplates according to Elton's specifications. When the completed switchplates arrive, Elton's employees attach them to the blenders, however, the standard-sized switchplates are two millimeters too long. Elton is furious and calls Porter, who says Elton can send back the switchplates and Porter's company can rework them, but there will be a fee because the switchplates he shipped were "standard-size" switchplates, as specified in the contract. Elton disagrees and hangs up the phone. Elton's technician measures both the switchplates and the blender and discovers that the blender face where the switchplate is attached is two millimeters shorter than the well-known "standard-size" switchplate. The technician suggests they could shave off two millimeters from Porter's boards to make them fit on the blenders, however, it would be a lot of work. -Is Elton likely to be successful in a lawsuit that seeks to void or rescind the contract?

Which of the following is true about scienter and intent to deceive?

Legal assent involves ________ that the courts will require the parties to obey.

[Cheap Motorcycle] Jack, an unpleasant, disagreeable, business law teacher, notices that a student, Liam, who is past the age of majority, has a nice motorcycle for sale. Liam has struggled through school, is in his last semester, and needs to pass business law in order to graduate. Jack tells Liam that he would like to see Liam pass and, in the next sentence, says that he wants to buy the motorcycle for $100, a price far below the value of the motorcycle. Liam asks if Jack is serious about the price, and Jack replies, "I have the power here! Take it or leave it!" Jack proceeds to draw up a contract for the sale of the motorcycle for $100 which Liam signs. Liam does some research and finds that Jack has had several arrests for driving under the influence in a nearby town. As an act of revenge, Liam tells Jack that unless Jack sells Liam his new Mustang convertible for $50, he will send a letter about the arrests to the school newspaper. Jack reluctantly agrees to the deal. -Which statement is true if Jack seeks to rescind the contract for the sale of the Mustang?

In which of the following examples would a court be least likely to find that nondisclosure has the same legal effect as an actual false assertion?

[Everlasting roses] Wanda's gardener claims that if she will pay him to apply a special treatment to her roses each week, the roses will never die. Wanda pays the gardener $25 each week for the special treatment. After a year, her favorite rosebush dies. -Does Wanda have a valid claim for fraudulent misrepresentation?

Valerie promised to buy Nicole's car for $2,000. Nicole drew up the contract providing that the exchange would occur the next week. Unfortunately, Nicole was not very good with the keyboard and typed in $1,200 as the price of the car. Valerie noticed that the contract said $1,200, not $2,000, and was very pleased. She signed it without saying anything. When it was time to make the exchange, Valerie gave Nicole $1,200. In response to Nicole's inquiry regarding the additional $800, Valerie pulled out the contract and showed her that it said $1,200. Nicole immediately responded that she had made a typographical error. Valerie said that there was no mistake on her part because she knew exactly what she was doing and that she thought that Nicole had decided to give her a deal on the car. Which of the following is Nicole's best argument for a rescission of the contract?

[Pet Pig Farm] Jen was interested in buying Monique's land in order to breed small pet pigs. Jen told Monique that having water on the property was very important although she did not mention to Monique her plan to breed small pigs. Monique assured her that a spring ran through one corner of the property. Therefore, Jen agreed to buy the farm. Jen, who loved pigs, assumed that the neighbors would be pleased with the pigs being in the area. Monique also agreed to sell Jen a used truck for $5,000. After the contract for the land sale was entered into, Jen had a land survey done, and it was discovered that the spring did not actually run through the corner of Monique's property. The area in which the spring ran belonged to a neighbor. Additionally, when Monique brought Jen the used truck, Jen said, "That's not the truck!" It was discovered that Monique, who had two trucks, thought that Jen had bought the older truck although Jen thought she had purchased the newer truck. Jen was also surprised when she received a petition signed by all surrounding landowners objecting to the presence of the pigs and threatening to sue Jen for nuisance. It will cost Jen more than she had agreed to pay Monique in order for Jen to obtain a similar farm that has a spring within its legal boundaries. -Which result is most likely in the dispute between Jen and Monique regarding which used truck was sold, assuming that both Jen and Monique were innocently mistaken and did not intend to defraud the other?

[Scheming 'Friends'] Richard wants to rent a basement apartment in Eric's home. Richard threatens to tell Eric's parents that Eric had been arrested for illegally smoking marijuana unless Eric rents the apartment to him for $100 per month. (The information regarding the arrest is true.) Eric reluctantly agrees to rent the apartment to Richard for $100 per month. Richard also wants to buy Eric's car. Eric runs back the odometer on the car before Richard looks at it. Richard is impressed by the low mileage and agrees to buy the car. Eric offers to sell Richard a ring for Richard's fiancée. Eric tells Richard that the ring is a diamond and believes that to be true. After the deal is made, however, a jeweler friend of Eric informs him that the ring is a fake. When Richard shows up with the money, Eric says nothing. He just hands Richard the ring and takes the money. Later, Richard finds out that the odometer was run backwards from another friend in whom Eric confided. Richard also finds out from his girlfriend that the ring is a fake. -Madison purchased a three-year-old computer from Kami for $300. Kami told her the price seemed fair but she really had no idea what it was worth and just wanted to get rid of it. Madison, who knew little about computers, thought she had a great deal. After Madison returned home, she discovered from a computer expert friend of hers that the computer was not worth as much as she believed. Madison wanted to return the computer claiming that they were both mistaken about value, but Kami said, "No way!" Who should win in the dispute between Madison and Kami and why?

Which of the following is true regarding the elements that must be satisfied in order for a mutual mistake to interfere with legal consent?

The reasoning in innocent misrepresentation cases resembles the reasoning in a[n] ________ case.

Vivian actively hid a material fact about the condition of the computer she was about to sell Lowell. Which of the following involves the active hiding of the truth about a material fact?

Duress of goods occurs in ________ whenever an illegitimate threat is made to hold on to goods unless a payment is made or an agreement is entered into.

Which of the following is true on appeal regarding the case of Mary W. Scott v. Mid-Carolina Homes, Inc., discussed in the "Case Nugget" in which the plaintiff sued to recover damages after a salesperson allegedly mistakenly agreed to sell a mobile home to her for a price that was too low, later told her the mobile home could not be sold because of a bent frame, and then proceeded to sell it for a higher price to other buyers?

[Scheming 'Friends'] Richard wants to rent a basement apartment in Eric's home. Richard threatens to tell Eric's parents that Eric had been arrested for illegally smoking marijuana unless Eric rents the apartment to him for $100 per month. (The information regarding the arrest is true.) Eric reluctantly agrees to rent the apartment to Richard for $100 per month. Richard also wants to buy Eric's car. Eric runs back the odometer on the car before Richard looks at it. Richard is impressed by the low mileage and agrees to buy the car. Eric offers to sell Richard a ring for Richard's fiancée. Eric tells Richard that the ring is a diamond and believes that to be true. After the deal is made, however, a jeweler friend of Eric informs him that the ring is a fake. When Richard shows up with the money, Eric says nothing. He just hands Richard the ring and takes the money. Later, Richard finds out that the odometer was run backwards from another friend in whom Eric confided. Richard also finds out from his girlfriend that the ring is a fake. -What would be the most likely result if Eric attempts to rescind the agreement to rent the apartment?

[Sale of KyRo's Toys] Ky and Roland owned KyRo's Toy Distributors together for many years. After years of arguing about sharing an office, they decided they no longer wanted to work together, even though each wanted to remain in the toy distribution business. They asked their accountant, Delia, to separate the accounts equitably, and she prepared a spreadsheet showing the value of KyRo's accounts, and an equitable division of those accounts. Ky and Roland reviewed the division of accounts and signed a separation agreement that included a phrase that the accounts would be divided 50-50 as per Delia's spreadsheet attached to the agreement. Both Ky and Roland signed a disclaimer that stated that they had reviewed the attachment. Six months later, when commissions arrived for the two separate companies, Ky noticed that he was making substantially less than one-half of what he made with KyRo, and upon investigation, realized that some of the financial information on which Delia had relied in preparing the spreadsheet had been outdated, and the accounts, were in fact, not divided equally. Ky now wants to rescind the separation agreement, claiming that all three elements of mutual mistake are present, and that the mistake about the division of accounts had a material effect on the agreement because it was not what was intended. -What effect might the disclaimer have on Ky's claim?