Sarah and Whitney agree over the phone to enter into a contract providing that Whitney will paint a portrait of Sarah for $400. (You may assume that there was valid offer, acceptance, and consideration.) Sarah tells Whitney that she'll only pay the money if she is satisfied with the final product. They never write their agreement down. When Whitney finishes the painting, Sarah refuses to pay because she says the portrait makes her look ugly. Whitney sues. Will the court order Sarah to pay the $400? No, because Whitney did not meet a condition precedent for Sarah's performance Yes, because Sarah breached the contract O Yes, because Whitney substantially performed No, because of the Statute of Frauds Red Bottle, Inc. makes fire extinguishers. The rubber it uses in the extinguisher hoses lasts longer without decaying and is safer than any other type of material. But all extinguisher rubbers erode when exposed to water for prolonged periods. A customer's eye is severely injured when using a Red Bottle extinguisher because of a hole that developed from the customer storing the extinguisher in a wet place. Red Bottle's user manual instructs customers to store the extinguisher in a safe place but does not contain information about the rubber decay issue. Under what theory is the injured customer most likely to recover against Red Bottle? Strict product liability for failure to warn Strict product liability for a manufacturing defect Strict product liability for design defect Fraud The document in which a party to a lawsuit denies or admits the factual allegations in a complaint, and raises any affirmative defenses, is called: The answer The demurrer Amotion to dismiss The judgment None of the above Maria agrees in writing to sell Yue-Han an antique mirror that once belonged to a queen for $1,000. Yue-Han is obsessed with this queen and has been looking for this mirror for 20 years. To her, the mirror is priceless. Sadly, when Yue-Han comes to pick the mirror up, Maria tells her she's changed her mind and won't sell it. The mirror had a market value of $1,050 at the time Maria was supposed to give it to Yue-Han under the contract's terms. Yue-Han sues, asking the court to order Maria to give her the mirror. Which of the following would the court most likely do? Order Maria to specifically perform under the contract Award Yue-Han nothing Award Yue-Han $50, since that is the value of what she lost by Maria's breach Order Maria to pay $1,050 as a penalty for her breach of contract Jordan agrees to perform for Gina and her friends at a bachelorette party for $500. Gina selected Jordan specifically because she didn't think anyone else would do a good enough job. Two weeks before the party, Jordan tells Gina that he doesn't want to do it anymore. Gina refuses to look for another dancer. She sues and asks the court to order Jordan to dance as he agreed under the doctrine of specific performance. Will the court grant Gina the remedy she seeks? No, because specific performance would amount to involuntary servitude Yes, because Jordan breached the contract and there is no adequate remedy at law Yes, because Gina reasonably relied on Jordan's promise No, because the contract involves usury and is therefore void
