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Reference: “Useless friend.” Reference: “Useless friend.” Charles, who is very gullible, is friends with Bobby?

Discuss anything to do with property law - buying, selling property

Reference: “Useless friend.” Reference: “Useless friend.” Charles, who is very gullible, is friends with Bobby?

Postby stanciyf » Sun Jul 29, 2012 4:16 pm

Reference: “Useless friend.” Reference: “Useless friend.” Charles, who is very gullible, is friends with Bobby. Bobby, who cannot be trusted, decides to try to bind Charles to a contract in Bobby’s favor. Bobby has Charles sign a contract promising to wash Bobby’s car once a week for a month for $80. The contract incorporated by reference terms on the back. The terms on the back were in very small print and required Charles for one year to cook dinner for Bobby, do his laundry, and clean his apartment. Bobby is also very angry with his former girlfriend, Tessa, and decides to start rumors, that would constitute the tort of defamation, such as that she has a vile disease, cheated on tests, and stole from friends. Bobby wants to enlist the help of Charles in smearing Tessa but knows that Charles would be hesitant to assist in his endeavors. One evening, however, Charles drank too much beer and was clearly intoxicated—a fact apparent to Bobby. Bobby had him sign a contract agreeing to defame Tessa for $50. When he sobers up, Charles tells Bobby that he was drunk and that he has no intention of defaming Tessa, who also happens to be Charles’ new girlfriend. He also finally takes a look at the contract involving work for Bobby and tells Bobby that the contract is outrageous. Which of he following would be a possible defense to Bobby’s contract involving chores based upon the size of the print on the back of the contract?
Substantive unconscionability
Unclear drafting
Adhesion conscionability
Outrageous wording
Procedural unconscionability

2. Reference: “Irresponsible Teen.” At age 17, in a state in which the age of majority is 18, Sally purchased a prom dress from Formal Stuff. She wore it to the prom and then attempted to return it to the store claiming that she was a minor and that she was entitled to a refund. The dress had clearly been worn and had a purple stain which Sally claimed was from grape juice. Additionally, a few days before she turned 18, Sally purchased a used car from Dings and Dents used cars. She had a deal whereby she paid $100 per month on the car. She drove the car and made payments for six months after she turned 18. Dings and Dents claimed the car was a necessity. Sally and her parents disagreed claiming that the parents were ready and willing to provide a car to Sally, and that she only purchased the car from Dings and Dents because she liked that particular style and color. When purchases of the dress and car were made, the sellers knew that Sally was under the age of 18. Which of the following is true regarding Sally’s attempt to return the damaged dress?
Regardless of what she does with the dress, Sally has no right to a refund in any state.
In all states, Sally has the right to keep the dress and get a refund.
In some states, Sally would have an obligation of restitution to the store.
In all states, Sally would have an obligation of restitution to the store.
In all states, Sally must return the dress; but she has a right to a full refund.

3.Reference: “Pet Pig Farm.” Marcy wanted to buy Lucy’s land and use it to breed small pigs to be kept as pets. Marcy told Lucy that having water on the property was very important although she did not mention to Lucy her plan to breed small pigs. Lucy assured her that a spring ran through one corner of the property. Therefore, Marcy agreed to buy the farm. Marcy, who loved pigs, assumed that the neighbors would be pleased with the pigs being in the area. Lucy also agreed to sell Marcy a used truck for $5,000. After the contract for the land sale was entered into, it was discovered that actually the spring did not run through the corner of Lucy’s property. The area in which the spring ran actually belonged to a neighbor. Additionally, when Lucy brought Marcy the used truck, Marcy said, “That’s not the truck!” It was discovered that Lucy, who had two trucks, thought that Marcy had bought the older truck when Marcy thought she had purchased the newer truck. Marcy was also surprised when she received a petition signed by all surrounding landowners objecting to the presence of the pigs and threatening to sue Marcy for nuisance. It will cost Marcy more than she had agreed to pay Lucy in order for Marcy to obtain a similar farm which actually has a spring on it. Which of the following is the most likely result in the dispute between Marcy and Lucy regarding which used truck was sold assuming that both Marcy and Lucy were innocently mistaken and did not intend to defraud the other?
Marcy will be allowed to pick the truck she wants to buy because she is the buyer, and she may also recover damages.
The contract will be rescinded.
Marcy will be allowed to pick the truck she wants to buy because she is the buyer, but she may not recover damages.
Lucy will be allowed to pick the truck she wants to sell because she is the seller.
Marcy will be allowed to pick the truck she wants to buy because s
stanciyf
 
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