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5 Cards in this Set
- Front
- Back
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Ariella offered to sell her car to Justin for $9,000. She told him that it had recently had a tune up and that the fuel filter and air filter had been replaced. He agreed to buy the car. He then found out that the air filter had not been replaced even though Ariella thought it had been.
a. this is an example of fraud on the part of Ariella. b. if the air filter is not material it is not voidable. c. if the air filter is material it is misrepresentation. d. (b) and (c) above e. none of the above |
aa
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Jordan is aspiring to be a dentist. To get some practice before he goes to dental school, he offered to provide any dental services that Ingrid needed from January 1, 2010 to June 30, 2010 for $500. Ingrid did not pay the $500 and Jordan sued. What result?
a. The contract is voidable by either party because Jordan is not licensed. b. The contract is voidable only by Jordan because he is not licensed under a regulatory statute. c. The contract is void and Jordan cannot enforce it. d. The contract is voidable only by Ingrid because Jordan is not licensed under a regulatory statute. e. None of the above |
a
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Same facts as in #43 except that Ingrid paid the $500 and Jordan refused to provide dental services because he was not licensed. Ingrid paid $600 to receive the services elsewhere and sued Jordan.
a. the agreement is void so neither party is entitled to any recovery. b. Ingrid is entitled only to get back the $500. c. Ingrid is entitled to recover the $600 she paid for services elsewhere. d. the agreement is voidable by either party so when Jordan refused to perform he was voiding the agreement and Ingrid can recover nothing from him. e. None of the above |
a
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Andy was an accountant with an established practice in a small town. Desiring to retire, Andy offered to sell his business to Jared for $190,000. Andy told him that he believed that he could make an 8 percent return on his investment during the first year he owned the business. Relying on this, Jared purchased the business. He had a net loss of $18,000 the first year.
a. Jared can bring an action to void the contract for misrepresentation. b. Jared cannot bring an action to void the contract for fraud. c. Jared has no remedy, as Andy's statement was merely an opinion and not a factual statement. d. Jared can sue Andy in tort law for the tort of fraud. e. (b) and (c) above |
a
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On Brittany’s charge card statement from Big Deal Department Store, Brittany’s past-due balance was shown to be $1300. Brittany contacted Big Deal and requested a credit of $200 because some of the makeup she had purchased from them had dried up and was unusable. Big Deal claimed she had not taken proper care of it. Brittany disagreed on why the makeup dried up. Big Deal refused to allow her to return the makeup and to give her credit when she informed them of what had happened. Brittany later sent Big Deal a check in the amount of $1100. On both sides of the check she wrote the following: “Submitted as payment in full of all sums owed by Brittany.” Big Deal cashed the check and made demand upon Brittany for payment of $200 more and sued her for that amount when she refused to pay it. Should Big Deal win the suit?
a.No, this is an accord and satisfaction. b.Yes, because the debt owed by Brittany was liquidated in nature. c.No, if Brittany had properly cared for the makeup because only then is the debt owed by Brittany unliquidated. d.Yes, if Brittany had improperly cared for the makeup. e.(a) and (c) above |
a
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