48.
(p. 391)
The reasoning in innocent misrepresentation cases resembles the reasoning in a[n]
______ case.
49.
(p. 396)
As discussed in the text, which of the following is true regarding Japanese law and
consumers?
50.
(p. 391)
Assuming that Lucy innocently made a misrepresentation regarding the spring running
through the corner of the farm with no reason to believe that was incorrect, which of the
following is true, considering only the lack of a spring issue, if Marcy does not want to go through
with the sale?
51.
(p. 396)
Assuming that Lucy fraudulently made a misrepresentation regarding the spring running
through the corner of the farm knowing the statement was not correct, which of the following is
true, considering only the lack of a spring issue, if Marcy does not want to go through with the
sale?
52.
(p. 387)
Which of the following would be the result if Marcy attempts to rescind the contract and
recover damages only on the basis of the neighbor’s objection to a pig farm?
53.
(p. 387)
Which of the following is the most likely result in the dispute between Marcy and Lucy
regarding which used truck was sold assuming that both Marcy and Lucy were innocently
mistaken and did not intend to defraud the other?
54.
(p. 397–398)
Which of the following is true if Peter seeks to rescind the contract for the sale of
the motorcycle?
55.
(p. 398)
Which of the following is an appropriate term for the contract drawn up by Tony?
56.
(p. 397)
Which of the following is true if Tony seeks to rescind the contract for the sale of the
Mustang?
57.
(p. 397)
Of which of the following is Willy guilty in threatening to tell friends about the arrest
unless Weaver rents the apartment?
58.
(p. 397)
Which of the following would be the most likely result if Weaver attempts to rescind the
agreement to rent the apartment?
59.
(p. 394)
Which of the following is the proper legal term, if any, for Weaver’s action in regard to
running back the odometer?
60.
(p. 394)
Which of the following is true regarding Willy’s rights in regards to the car purchase?
61.
(p. 394)
Which of the following is true regarding Willy‘s rights in regards to the ring purchase?
62.
(p. 385)
Why does there need to be a concept of legal assent?
63.
(p. 387)
Set forth the exceptions that would permit a court to invalidate a contract on grounds of
unilateral mistake.
64.
(p. 392)
What must a party prove in order to obtain money damages based on a fraudulent
misrepresentation when damages are sought?
65.
(p. 394)
Constance was buying a used personal watercraft from Ralph. He told her that the engine
on the watercraft was in good shape. Constance agreed to pay Ralph $4,000 for the watercraft.
She was going to be out of town on vacation, so Ralph and Constance agreed that when she
returned in a week, she would bring over the money and pick up the watercraft. During that week,
Ralph was notified by the manufacturer that the watercraft was being recalled because it had a
faulty engine that needed repair. Ralph said nothing about the condition of the engine or the
recall when Constance came to pick up the watercraft. They chatted about other matters; she
gave him the $4,000, and took the watercraft. Later, Constance started having problems with the
watercraft and found out that Ralph and other initial purchasers had been notified of the issue
with the engine. She asked for a refund accusing Ralph of fraud. Ralph refused on the basis that
he did not make any misrepresentation. Who is correct and why? For purposes of this question,
assume that sales talk or puffery is not at issue.
66.
(p. 396)
Set forth the factors referenced in the text that enter into a finding of whether undue
influence exists.
67.
(p. 386)
Sally bought a used computer from Polly for $300. Polly told her that the price seemed
fair but that she really had no idea what it was worth and just wanted to get rid of it. Sally, who
knew little about computers, thought she had a great deal. After Sally returned home, she
discovered from a computer expert friend of hers that the computer was not worth as much as
she believed. Sally wanted to return the computer claiming that they were both mistaken about
value, but Polly said, “No way!” Who should win in the dispute between Sally and Polly and why?