COMPLETE QUESTIONS AND ANSWERS
GRADED A+
◉ 2. Sidney and Halle create an integrated contract that completely
and unambiguously lays
out the terms of their agreement. Sidney is to wash Halle's car with
soap and water,
vacuum every room in her house, and mow her lawn. Halle is to pay
Sidney $200 for all
of this. A dispute erupts between the two parties over the terms of
their contract. Halle
argues that Sidney had mentioned that Sidney would wax the car,
also. Halle attempts to
offer evidence that Sidney agreed to wax it and even asked what
kind of wax to use. True
or False: Ordinarily, Halle can present that evidence. Answer: False.
LSB 251-252. In an integrated contract, courts must stick to the
express
terms of the contract and exclude any extraneous evidence. Here, the
contract
specifically only mentions soap and water.
,◉ 3. True or False: Seeking an order of specific performance can
serve as a valuable post
judgment bargaining tool to induce a losing defendant to agree to a
new contract more
attractive to the plaintiff. Answer: True. Barron's page 158-159.
"Specific Performance" covers this question.
LSB 277 covers this as well.
◉ 4. Sal owns a baseball card store and is selling a Rob Emerson
rookie card for 50 cents.
Thirteen-year-old Timmy comes in and buys the card. As Timmy
walks out, Sal opens a
price guide and sees that the card has gone up in value since the last
issue, to $500. He
catches Timmy outside the store and tells Timmy that he made a
mistake and the card
must be returned or Timmy must pay the $500. True or False:
Timmy must return the
card or pay the $500. Answer: False, mistake in value is not valid
grounds for voiding a contract and
unilateral mistake by the party best suited for catching such a
mistake is not voidable.
Timmy's infancy cannot be used against him. LSB 216-217;
Supplemental Information
Text
,◉ 5. True or False: Under Common Law, offers can be revoked at any
time before acceptance,
unless the parties have agreed to an "option" contract to keep it
open. Answer: True. See Barron's pages 89-91; LSB 197;
Supplemental Information Text
◉ 6. True or False: A merchant's failure to answer a customer's
material question about the
merchant's goods generally will not suffice as an element of fraud.
Answer: False. Silence is not a fraud, but failure to answer a question
is. See LSB 224-
225; Lectures; Barron's page 107
◉ 7. True or False: Countries with a more liberal (in other words,
less formalistic)
interpretation of contracts usually have a higher economic growth
rate. Answer: True. Lectures.
◉ 8. Jane walks into an electronics shop to look at stereos. She finds
a stereo that has labels on
it reading "all the features you could want and more." Jane decides to
purchase the stereo.
The store clerk tells Jane that she has ten days to try out the stereo
risk-free, during which
, she can return it for a full refund. A month later, Jane brings back the
stereo and says that
it does not have surround-sound features as she originally thought it
must, and therefore
she wants her money back. The clerk refuses. Choose the best
answer:
A. Jane ordinarily could get a court to order the return of her money
(in exchange for the
stereo) because, on the purchase date, the clerk did not tell Jane
about all of the
machine's functions/features.
B. A court would most likely rule in Jane's favor because the text on
the stereo labels
was misleading.
C. Jane ordinarily could get a court to order the return of her money
(in exchange f Answer—D; Answer E - definitely - is overbroad.
While this certainly is puffery, the key fact is that Jane failed to abide
by the terms of the return agreement and bring it back within 10
days. She therefore waived her rights under the agreement to return
it for a refund. After the 10 days, Jane is presumed to have
completely accepted the product as acceptable in full accord and
satisfaction. LSB 227-228
◉ 9. Samuel Student, desperate for money for textbooks, looks
around his apartment for