Misrepresentation, Nondisclosure, Duress and Undue Influence Self-Quiz

 

 

 

 

 

 

 

 

 

 

Howard is looking to buy a house in the Brookline area of Boston. Howard contacts Brian, a realtor, and arranges to see several houses that are on sale. After picking out the house he likes, Howard asks the owner, Harrow, if the house has a termite problem. The house does have a termite problem but Harrow, knowing that Howard will not buy the house if he knows about the termite problem, tells Howard that there is no termite problem. Howard and Harrow sign a contract by which Howard will buy the house for $250,000. After the contract is signed, Howard finds out about the termite problem. Howard refuses to pay the purchase price for the house and Harrow sues Howard for breach of contract. Harrow will probably:
Choice 1 Win, because Howard could have checked for termites himself
Choice 2 Win, because Howard can get rid of the termites if he wants to
Choice 3 Lose, because Harrow lied about the condition of the house
Choice 4 Lose, because Howard would not have bought the house had he known of the termite problem
Howard is looking to buy a house in the Brookline area of Boston. Howard contacts Brian, a realtor, and arranges to see several houses that are on sale. After picking out the house he likes, Howard asks the owner, Harrow, if the house has a termite problem. The house does have a termite problem but Harrow, not being aware of the problem, tells Howard that there is no termite problem. Howard and Harrow sign a contract by which Howard will buy the house for $250,000. After the contract is signed, Howard finds out about the termite problem. Howard refuses to pay the purchase price for the house and Harrow sues Howard for breach of contract. Harrow will probably:
Choice 1 Win, because Howard could have checked for termites himself
Choice 2 Win, because Harrow’s misrepresentation was unintentional
Choice 3 Lose, because Harrow’s misrepresentation was material
Choice 4 Lose, because Harrow should have inspected for termites
Howard is looking to buy a house in the Brookline area of Boston. Howard contacts Brian, a realtor, and arranges to see several houses that are on sale. After picking out the house he likes, Howard asks the owner, Harrow, how much he would sell the house for. Harrow names a price of $250,000 and Howard agrees. Harrow does not tell Howard that the house is only worth $150,000. After the contract is signed, Howard finds out that the house is worth only $150,000. Howard refuses to pay the purchase price for the house and Harrow sues Howard for breach of contract. Harrow will win:
True
False
Ben and Jerry and Moo Juice have agreed that Moo Juice will ship 10,000 gallons of milk to Ben and Jerry’s ice cream manufacturing plant every month for two years and that Ben and Jerry will pay $2 per gallon. Moo Juice leases a fleet of refrigerated trucks and transports the first shipment of milk the one hundred miles between their farm and the ice cream plant. It costs Moo Juice $5,000 per month to lease the trucks for the duration of the contract. Ben and Jerry know that if they do not accept the milk once it arrives at the plant, Moo Juice will not have time to truck the milk back to their farm and find a new buyer before the milk spoils. With that in mind, Ben and Jerry contact Moo Juice and tell them that they will not accept the milk unless Moo Juice agrees to change the contract price from $2 per gallon to 50 cents per gallon. Moo Juice, seeing as their choices are between selling the milk for $5,000 per month and breaking even on the deal or suffering a total loss, accepts the deal. However, after Moo Juice collects the $5,000 from Ben and Jerry, they find another ice cream company to sell their milk to for $2 per gallon. Moo Juice contacts Ben and Jerry and tells them that they will not be selling milk to them anymore. Ben and Jerry immediately sue Moo Juice for breach of contract. Ben and Jerry will probably:
Choice 1 Win, because Moo Juice agreed to the new terms of the contract
Choice 2 Win, because using the leverage they had shows that Ben and Jerry are good businessmen
Choice 3 Lose, because $2 per gallon was a fair price
Choice 4 Lose, because Moo Juice was threatened into accepting the new terms of the deal

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