Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Simba recently inherited a 20-acre tract of land from his Uncle Scar in Oklahoma. Unknown to Simba, who had never visited Oklahoma, the land contained

Simba recently inherited a 20-acre tract of land from his Uncle Scar in Oklahoma. Unknown to Simba, who had never visited Oklahoma, the land contained valuable coal deposits worth $500,000. The Badland Coal & Mining Company, who knew about the coal deposits, and had made many unsuccessful attempts to purchase the land from Simba's Uncle Scar, had one of its agents, Timon, approach Simba and offer to purchase his property for $50,000. Simba explained to Timon that he really had no need for this land, but that he did not want to sell it until he knew the land's market value. At this point, the Timon produced documentation previously prepared by the Badland Coal & Mining Company showing that 20 acres of land in this portion of Oklahoma typically sold for about $40,000. This information was generally accurate for tracts of land that did not contain coal or other mineral deposits. When Simba asked Timon why he was willing to pay $50,000 for land only worth up to $40,000, Timon explained that he always fancied this particular piece of land, thought it was very beautiful, and that the additional $10,000 represented the sentimental value he attached to the land. The following conversation then took place: Simba: Is there anything else about the land I should know about? Timon: Like what? Simba: Well, if the land had gold under it, for example, you'd tell me, right? Timon: Of course I'd tell you if the land had gold under it. In fact, I promise you, if the land turns out to have gold on it, I'll sell it back to you for the amount I paid. Convinced, Simba and Timon shook hands to seal the deal, and agreed to memorialize their agreement in writing within the next couple of days or so. The next day, at Timon' request, Simba paid $1,000 to obtain a survey and title search on his newly-inherited property. Timon then took Simba to a local bar "to celebrate their deal," where Timon purchased numerous alcoholic beverages for Simba, getting him quite drunk at one point, and finally brought Simba home around 4:00 a.m. One hour later, 20 representatives from the Badland Coal & Mining Company ("Badland") showed up at Simba's home, at 5:00 a.m., and asked him to sign the following writing: The Badland Coal & Mining Company hereby agrees to pay to Simba $50,000 for his recently-inherited 20-acre tract of land in Oklahoma, and Professor Vance Simba hereby agrees to convey all of his land to the Badland Coal & Mining Company. Although Simba was not intoxicated, he did have a bad hangover, was perplexed and confused as to the identity of the 20 representatives in his house, and had some difficulty concentrating and generally making sense of the situation. He told Badland that he already agreed to sell his Simba to someone named Timon, at which time Badland told him that Timon was one of its agents. Surprised by this revelation, Simba said he would need more time to think before signing the contract. He also thought the fact that Timon really worked for a coal and mining company was suspicious, and briefly considered the fact that Badland might be purchasing his property for natural resources, but then felt somewhat reassured when he hazily recalled his conversation with Timon about obtaining a refund if the land proved to have natural resources buried beneath its soil. Because Simba was taking a long time to make his decision, all of the 20 representatives for Badland began to harangue him, telling him that a deal is a deal, that he had already agreed to sell his property, that he did not want to be known in the community as someone who broke his promises, and that, should he refuse to sign the papers, he would be taken to court and sued for breach of contract. Simba did not know what to do, and told the representatives that he would like to get some advice from his attorney first, and began to pick up his phone. One representative from Badland then slammed down the phone and said "I wouldn't do that if I were you." Another representative immediately said "If you know what's best for you, I'd sign that writing," and opened his blazer to grab a pen from his inside pocket, which he shoved in Simba's direction. When the representative opened his blazer, Simba thought he saw a sharp metal object tucked into the representative's belt. A bit frightened at this point, and still confused by the entire situation, Simba signed the contract, and the representatives from Badland handed Simba a check for $50,000, and left Simba's home. Simba went back to bed and, after catching up on his sleep and waking up around 5:00 p.m., he fully realized what had previously transpired. He immediately emailed Timon and told him to tell Badland that "our deal is off." Timon told him that this would not be acceptable. You are an associate at a law firm, and Simba comes to you to seek your advice.

Please discuss all possible claims and defenses that will be raised should Simba bring suit against Badland Coal & Mining Company

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

Understanding Immigration Law And Practice

Authors: Ayodele Gansallo, Judith Bernstein-Baker

2nd Edition

154381378X, 978-1543813784

More Books

Students also viewed these Law questions

Question

5. It is the needs of the individual that are important.

Answered: 1 week ago