Question
1-1) Lucy also agreed to sell Marcy a used truck for $5,000. When Lucy delivered the used truck, Marcy said, That's not the truck! It
1-1)
Lucy also agreed to sell Marcy a used truck for $5,000. When Lucy delivered the used truck, Marcy said, "That's not the truck!" It was discovered that Lucy, who had two trucks, thought that Marcy had bought the older truck when Marcy thought she had purchased the newer truck. Marcy refuses to pay Lucy for the used truck. 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?
Group of answer choices
Either Marcy or Lucy could rescind the contract.
Marcy will be allowed to pick the truck she wants to buy because she is the buyer, and she may also recover damages.
Lucy will be allowed to pick the truck she wants to sell because she is the seller.
Marcy will be allowed to pick the truck she wants to buy because she also had a contract on the ancillary farm.
Marcy will be allowed to pick the truck she wants to buy because she is the buyer, but she may not recover damages.
1-2) Willy agrees to provide all the widgets Jims Hardware Store needs in order to fulfill its growing customer demands for the latest and greatest devices. On the eve of Willys agreed-upon deadline to provide the widgets to Jim, Willy calls Jim and tells him he will only provide the widgets on-time if Jim agrees to pay him and additional $5,000. Jim reluctantly agrees because he desperately needs the widgets to fulfill his orders on-time and he has no other way of getting the required widgets from any other source this late in the day. Of which of the following is Willy guilty in threatening to not deliver the widgets unless Jim pays him more money?
Economic Duress
Unconscionability
Fraud
All the above
Duress and unconscionability, but not a fraud.
1-3)
Willy is interested in Jims car. Jim runs back the cars odometer before Willy test drives it. Willy is impressed by the low mileage and agrees to buy Jims car. Later, Willy discovers that the odometer was run backward from another friend to whom Jim confided. Which of the following is the proper legal term for Jim's action regarding running back the odometer?
Group of answer choices
Concealment
Nondisclosure
Active duress
Conscious disregard
There is no legal term because although he acted unfairly, Willy had no duty to disclose his action and incriminate himself.
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