Question
9.For each of the following, state if the contract is void, voidable, valid, unenforceable, or something else, and explain your answer briefly (one sentence): a.Sly,
9.For each of the following, state if the contract is void, voidable, valid, unenforceable, or something else, and explain your answer briefly (one sentence):
a.Sly, an unemployed Rochester NY resident, 56 years old, was very bad with money.He declared bankruptcy twice- once in 1985, then again in 2006.He finally got a job that required a car and wanted to borrow $4,500 to buy a used car but the banks all turned him down. He went to Loretta, a neighborhood "money person" and she told him "I will lend you the money, but you will need to pay me back at 26% annual interest" by making monthly payments. He accepted her offer and bought the car.
b.Same as "a" but in writing.
c.Same as "a" with 2% interest.
d.Same as "b" with 2% interest.
10.a.Ernie looked at a house Shelia was selling for $356,000.He like that price, and was about to sign the purchase contract when he remembered how much money he had to spend on his last house's leaky roof, so prior to signing he asked her "Do you swear that the roof does not leak?"Shelia said, "I guarantee that the roof will not leak and will pay you for any repairs for the next two years if it does."Ernie then signed the written contract.23 months later, the roof leaked causing damages of $15,000 and Ernie demanded reimbursementfrom Shelia who refused to pay.Explain what will result in court, and why it will.
b.Edna painted Jerry's house for $12,000, based on a valid oral agreement, with payment due at the completion of the job.After she was done she went to collect the amount due but Jerry said "You're not done- you did not paint the detached garage" which she had not painted.Edna said "you never mentioned that" but Jerry said, "Of course that was expected- it's so obvious."Edna, got mad and left.Two months later, Jerry came to Edna and said "here's $9,000- it's all the work you did was worth.Will you accept that as complete payment?"Edna agreed.One year later, when Edna was short on cash, she sued for the remaining $3,000.What result?Will she win or lose?Explain the applicable contract theory.
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