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:
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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:
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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:
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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:
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