Question
13) Joe owes Capital One $5,000 on his credit card. Joe mails a check to Capital One for $2,000 and writes Paid in Full on
13) Joe owes Capital One $5,000 on his credit card. Joe mails a check to Capital One for $2,000 and writes "Paid in Full" on the memo line in all block letters and highlights it with a pink highlighter. Capital One receives the check and deposits it. Does Joe's actions satisfy the debt?
- A. Yes. Only if the debt is liquidated.
- B. No. Capital One has not expressly agreed to the lesser amount.
- C. Yes. Only if the debt is unliquidated.
- D. Yes. Because Capital One deposited the check.
14) Mark, Ricardo, Jeff, and Mike are all at the bar drinking. Mike offers Mark $500 to break into a local pork farm and to try to ride a pig. (sadly... also a true story. I really do need some new friends). Mark climbs the fence and tries to ride the pig. Shockingly, Mark cannot ride the pig in his intoxicated state and falls and breaks his arm whereby incurring $5,000 in medical bills. Mike refuses to pay the $500. What damages could Mark receive from Mike? (hint: Trespass to Land is still a tort.)
- A. $500. Mark rode the pig which was his consideration for the contract.
- B. None. No valid contract existed.
- C. $5,500. Mark is entitled to both compensatory and consequential damages.
- D. $5,000. Mark is entitled to compensatory damages but not special damages.
15) Jim has had enough from his second ex-wife (not Tammy... that's his first ex-wife... and they sorta get along now). Jim discusses the ongoing problems with a local attorney. The attorney tells Jim that it will cost about $50,000 to go back into court and resolve the issue. Jim decides to hire a local motorcycle gang to kill her instead for $7,500. Jim pays $2,500 down. The motorcycle gang starts planning the murder but then Jim backs out and tells the gang to not to kill her. Jim wants his $2,500 back. Is he legally entitled to it?
- A. No. The motorcycle gang already started performance so Jim cannot rescind the contract.
- B. Yes. The contract is void.
- C. No. Unless the contract violated the statute of frauds.
- D. Yes. Only if Jim rescinds the contract according to the terms of the contract.
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