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QUESTION 5 Assume for purposes of this question only, that Nick transfers the car to Jenna on October 30. On November 5, after receiving
QUESTION 5 Assume for purposes of this question only, that Nick transfers the car to Jenna on October 30. On November 5, after receiving the car but before paying for it, Jenna learns that although the car's odometer read 50,000 miles when she purchased the car, in truth, the actual mileage was 150,000. Nick did not know about the discrepancy and had no reason to know. He had purchased the car from his friend, Tom, who had told him that the mileage was 40,000 at the time of the sale, when in truth it was 140,000. Nick had driven it for 10,000 miles and believed it had only 50,000 when he sold it to Jenna. Jenna files a lawsuit against Nick. In this case: O a. Jenna could possibly win on a fraudulent misrepresentation claim. b. Jenna could possibly win on an innocent misrepresentation claim. c. Jenna could possibly win on a duress claim. QUESTION 6 Refer to question #5 but assume that instead of suing Nick, Jenna tells him she is not going to pay him the full $5,000. Nick agrees to modify the terms of the contract because he knows Jenna would never have paid $5,000 for a car with 150,000 miles on it. Nick agrees to accept only $2,000 rather than $5,000 for the car. Jenna pays Nick the $2000. If Nick later goes after Jenna for the remaining $3,000: a. he will lose because the modification is supported by consideration. O b. he will win because the modification is not supported by consideration. Oc. he will win if the actual fair market value of the car exceeds $2,000.
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