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Brianna rented a house from Miranda. The lease was in writing. Prior to entering into the written lease, Brianna told Miranda that the last house
Brianna rented a house from Miranda. The lease was in writing. Prior to entering into the written lease, Brianna told Miranda that the last house she rented flooded because the drains were not in good order. She said to Miranda she would not enter this lease unless the drains in the house were in good order. Miranda assured her they were. The written lease was silent about the drains. Based on the facts provided, which of the following is correct: Because of the parol evidence rule, it would be very difcult for Brianna to establish that the representations made by Miranda regarding the drains prior to the contract being entered into was intended to become a term of the written lease; Brianna can rescind the contract because of undue inuence on the part of Miranda; Brianna can rescind the contract because of unconscionable conduct on the part of Miranda; Brianna can sue Miranda for damages and terminate the contract as Miranda has breached a warranty in the contract; Both a. and c. are correct. @@O C9 S-Berks Ltd is a manufacturer of high-end bicycles. One of S-Berks Ltd's advertisements says: "S-Berks bikes are the fastest bikes in existence. On an S-Berk's bike you will win every race you enter." Richard is a professional bicycle rider and has a fierce rivalry with another rider called Kylie. Richard can never seem to beat Kylie in a race. Richard sees the advertisement and buys an S-Berks bicycle from a local bike shop believing that the bike will give him the edge in beating Kylie. His first race on the S-Berks bicycle is in a town called Toowoomba. It is a long race and Richard is excited for his first victory over Kylie. Unfortunately, Richard fails to beat Kylie in the race, indeed, Richard exerts so much energy he doesn't even finish the race. Richard is very upset when he sees Kylie on the podium receiving her gold winner's medal. Which of the following is correct? A Richard could sue Kylie for defamation. B S-Berks was negligent in selling a defective bike. S-Berks breached the guarantee of acceptable quality in the Australian Consumer Law. S-Berks engaged in misleading and deceptive conduct pursuant to section 18 of the Australian Consumer Law. E S-Berks has a contract with Richard. F None of the above
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