15pis. On February 13, Mario purchased an engagement ring from John, a jeweler, for $5,000, relying on John's representation that the ring was set with a genuine diamond. The next morning Mario had the ring appraised by a gemologist and learned to his amazement that the center stone was not a genuine diamond, but rather cubic zirconia, a cheap imitation that looked like a diamond but was worth only $50 and that the entire value of the ring was $200. Nevertheless, the next day, Mario gave the engagement ring to Gina, his fiance, on Valentine's Day, as he had promised. One month later Gina terminated her engagement to Mario (she was upset that he did not buy her a diamond) and returned the ring to him (more like threw it at him, yelling obscenities). The following day Mario decided to rescind the contract with John and to sue John for damages. (a). Did John commit Fraud? Please list the elements and explain fully. (b). Does Mario have the right to rescind his contract with John? Explain stating the legal theory and why. (c). Does Mario have the right to recover damages from John and if so how would the damages be computed? Explain. II. Short Problems - 2 points each Please state whether the following are within or not within the Statute of Frauds and why: 1. On May 1, J agrees to hire K to work for one year beginning on May 15 On May 1, J makes an agreement with T to rent J 's house to T for one year beginning on May 15 R promises S, Q's landlord, that R will pay Q's rent next month if Q does not have the money to do so Is the obligation discharged? Answer yes or no and why: Archie and Veronica enter into a written contract by which Archie agrees to pay Veronica $25,000 to sing at a concert on December 1 at the Reginald Theater, owned by Archie. 4. On November 28, Veronica gets an offer from Madison Square Garden to open for a famous singer on December 1. She accepts that offer and, therefore, does not sing at the Reginald Theater. Is Veronica's obligation to perform at the Reginald Theater discharged? 5. On November 28, the Reginald Theater is struck by lightning and burns to the ground, Is Archie's obligation to pay Veronica discharged? Is the offer irrevocable? Answer yes or no and why: Angie sends Ben a letter offering to sell Ben her house for $150,000 and stating that the offer will expire in 30 days if she does not hear from Ben in that time. 7 Sandy, a manufacturer of radios, sends Bob a letter offering to sell Bob 100 radios at $5.00 each and stating that it is a firm offer for 6 months. Torts 8. The Penguin intentionally hits Batman with his umbrella. Batman, stunned by the blow, falls backwards, knocking Robin down. Robin's leg is broken in the fall. Who, if anyone is liable to Robin, Why? 9. Ralph kisses Edith while she is asleep but does not awaken her. What tort(s) if any has been committed and why? 10. Ralph throws a baseball at Edith's face, but she was able to dodge it, without it hitting her. What tort(s) if any has been committed and why