Seller was a respected businessman who decided to sell his personal motorcycle, which had a bad engine of which Seller was well aware. Seller intentionally told Buyer that the motorcycle and its engine were both in great shape, so that Seller could get more money for the motorcycle. The worth of the motorcycle with the bad engine was $2,500. Seller offered the motorcycle to Buyer for $5,000. Because Buyer believed the statements by Seller that the engine was in great shape, Buyer bought the motorcycle for $5,000. Buyer never took the motorcycle for a test drive. Had he known that the motorcycle engine was in bad shape, Buyer never would have bought the motorcycle. If Buyer later brings an action against Seller for misrepresentation, which one of the following facts will be the least important?

Question 5 options:

a)

Seller knew that the statements he made to Buyer were false.

b)

Buyer never took the motorcycle for a test drive.

c)

Seller could have reasonably sold the motorcycle for $2,500, but not for a higher price.

d)

Buyer reasonably believed that the Seller's statements regarding the engine were true.

Question 6(12 points)

Larry and Moe reached the summit of a mountain on a fairly difficult hike, which they were reliant upon each other to complete. After they surveyed the beautiful panoramic view for a few minutes, Moe, because he had a dinner engagement he did not want to be late for, told Larry that they needed to leave. Larry, however, wanted to experience the exhilaration of the summit view for a longer time, and continued to sit and admire the view. Fearing that he (Moe) would be late for dinner, Moe sternly rebuked Larry, by yelling, "If I were not a religious man, I would strike you across your skull with the metal portion of my backpack!" Larry, fearful of being struck after hearing the words from Moe, immediately stood up, and started descending the mountain with Moe. Later, Larry brought suit against Moe for assault. What result?

Question 6 options:

a)

Judgment for Larry, because he was in legitimate and immediate fear of being physically hurt due to the harsh words from Moe.

b)

Judgment for Moe, if Larry knew that Moe took his (Moe's) religious views seriously.

c)

Judgment for Larry, if Moe was carrying a backpack with metal as part of its makeup, because then Moe would have had the apparent ability to carry out the threat of striking Larry in the head with the metal portion of the backpack.

d)

Judgment for Moe, because he was acting in his own self-defense when he issued the harsh words at Larry.