Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Questions 1-4 are based on the following scenario: Marissa, who is 1 week away from her 18th birthday, is interested in buying a used car

image text in transcribed
Questions 1-4 are based on the following scenario: Marissa, who is 1 week away from her 18th birthday, is interested in buying a used car from her high-school principal, Victor. Marissa and Victor talk about the car in Victor's office, and Victor tells her that the engine on the car is in good shape and that he does not know of any problems with the car. Marissa agrees to pay Victor $1,000 for the car "as is", after Victor convinces her that is a fair price. After his meeting with Marissa, Victor learns that the car is being recalled by the manufacturer for a faulty engine. The next day, Victor delivers the car to Marissa. Before he hands the car over, Victor tells Marissa he will sell the car only if she pays him an additional $300 since he had the car detailed and made her a second set of keys. Marissa agrees to pay the extra money, but tells Victor she cannot do so now. Victor tells her she must deliver the extra $300 to him within two weeks. Marissa then gives Victor $1,000, and Victor leaves without telling Marissa anything about the recall. Marissa never gives Victor the additional $300. Three months later, Marissa is very angry at Victor. She has done some research and determines the car is worth only $500. More importantly, she is experiencing problems with the car and finds out that Victor had been notified about the engine issues. She asks Victor for a refund, but he refuses to give her one. 1. Name two ways (2 legal theorieslrules), other than fraudulent misrepresentation or negligent misrepresentation, in which Marissa may be able to claim the K is voidable? Explain each legal theory thoroughly with respect to this scenario. 2. Speaking of fraud, can Marissa sue Victor for fraudulent misrepresentation? What would she have to prove? Do you think she will win - explain your answer by evaluating Marissa's chances with respect to each element of misrepresentation? 3. Regardless of Marissa's possible claims (pretend Marissa has no claims to challenge the K), does Victor have a breach of K claim against Marissa for failing to pay the additional $300. Why or why not? 4. Let's assume Victor never knew about the manufacturer's recall. Can Marissa get out of the K with Victor based on the law of mistake with respect to the condition of the engine? Explain thoroughly. What is the remedy for a mutual mistake? 5. This question involves the following scenario: On February 1, 2020, Independence Plating, located in New Jersey, entered into a valid contract with Prestige Industries, located in

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Law Express Consumer And Commercial Law

Authors: Judith Tillson

6th Edition

1292295775, 978-1292295770

More Books

Students also viewed these Law questions

Question

Context, i.e. the context of the information presented and received

Answered: 1 week ago