Mistake Self-Quiz

 

 

 

 

 

Dale is an aspiring NASCAR driver and he is negotiating with Richard, a car owner, to buy his first race car. Dale is particularly interested in the Chevy Camaro that Richard drove when he won his first Indianapolis 500. Dale arrives in Richard’s office one morning to finalize the purchase of the car, which Dale will make for $150,000. After Richard and Dale complete the deal, they go out to where the car is parked and, to both of their surprise, see that the tree that the car was parked under had fallen and crushed the car. Dale tells Richard that he was under the impression that the car was fine but, seeing how things are, he will not honor the contract. Richard tells Dale that he also thought the car was fine but he still expects Dale to honor the contract. When Dale refuses to buy the car, Richard sues him for breach of contract. Richard will probably:
Choice 1 Win, because it is not his fault the car got destroyed
Choice 2 Win, because Dale should have inspected the car before buying it
Choice 3 Lose, because the car is destroyed
Choice 4 Lose, because both Richard and Dale were mistaken as to the car’s condition
Dale is an aspiring NASCAR driver and he is negotiating with Richard, a car owner, to buy his first race car. Dale is particularly interested in the Chevy Camaro that Richard drove when he won his first Indianapolis 500. Dale arrives in Richard’s office one morning to finalize the purchase of the car, which Dale will make for $150,000. Before they complete the paperwork, Richard tells Dale that the car has been having some engine and axle trouble and that the car may not be able to race anymore. Dale believes that he will be able to race the car despite Richard’s warnings and signs the contract to complete the deal. After Richard and Dale complete the deal, they go out to where the car is parked so that Dale can see how it races. Dale doesn’t move twenty feet before the car stalls and steam begins flooding out of the hood. Dale tells Richard that, given the car’s condition, he will not honor the contract. When Dale refuses to buy the car, Richard sues him for breach of contract. Richard will probably:
Choice 1 Win, because Dale assumed the risk that the car would not be able to race
Choice 2 Win, because Dale should have inspected the car before buying it
Choice 3 Lose, because the car does not serve the purpose that Dale bought it for
Choice 4 Lose, because Richard should not have sold the car to Dale when he knew what kind of condition the car was in.
Dale is an aspiring NASCAR driver and he is negotiating with Richard, a car owner, to buy his first race car. Dale is particularly interested in the Chevy Camero that Richard drove when he won his first Indianapolis 500. Dale arrives in Richard’s office one morning to finalize the purchase of the car, which Dale will make for $150,000. After signing the contract but before paying for the car, Dale finds out that the car is only worth $100,000. Dale tells Richard that, given the car’s value, he will not honor the contract. When Dale refuses to buy the car, Richard sues him for breach of contract. Richard will probably:
Choice 1 Win, because Dale should have had the car appraised before buying it
Choice 2 Win, because Dale’s mistake was a mistake in judgment and not a mistake in assumption as to the conditions surrounding the contract
Choice 3 Lose, because the car does not serve the purpose that Dale bought it for
Choice 4 Lose, because Richard should not have sold the car to Dale when he knew what kind of condition the car was in.
Ben and Jerry, the owners of an ice cream manufacturing plant, are looking for a new milk supplier. They send out a bulletin to all of the local dairy farms that they will be accepting bids to see who can provide milk at the lowest price. The market price for milk at the time of the bidding is 95 cents per gallon. Ben and jerry receive six different bids. The first five bids range between 90 cents and $1 per gallon. The sixth bid is from Moo Juice and their bid is for 9 cents a gallon. Ben and Jerry immediately call Moo Juice to accept their bid. The next day, Moo Juice realizes that a clerical error resulted in their submitting their bid at 9 cents per gallon instead of the 89 cents per gallon that they intended to submit. Moo Juice contacts Ben and Jerry to explain the error and tells them that Moo Juice cannot provide milk at 9 cents per gallon. Ben and Jerry immediately sue Moo Juice for breach of contract. Ben and Jerry will probably:
Choice 1 Win, because there is consideration that makes the contract binding
Choice 2 Win, because it is not their fault that Moo Juice made a clerical error
Choice 3 Lose, because it is unreasonable to expect Moo Juice to sell milk at 9 cents per gallon
Choice 4 Lose, because Ben and Jerry should have known that the bid was a mistake.
Ben and Jerry, the owners of an ice cream manufacturing plant, are looking for a new milk supplier. They send out a bulletin to all of the local dairy farms that they will be accepting bids to see who can provide milk at the lowest price. The market price for milk at the time of the bidding is 95 cents per gallon. Ben and jerry receive six different bids. The first five bids range between 90 cents and $1 per gallon. The sixth bid is from Moo Juice and their bid is for 89 cents a gallon. Ben and Jerry immediately call Moo Juice to accept their bid. The next day, Moo Juice realizes that a clerical error resulted in their submitting their bid at 89 cents per gallon instead of the 98 cents per gallon that they intended to submit. Moo Juice contacts Ben and Jerry to explain the error and tell them that Moo Juice cannot provide milk at 89 cents per gallon. Ben and Jerry immediately sue Moo Juice for breach of contract. Ben and Jerry will probably:
Choice 1 Win, because there is no reason that Ben and Jerry should have known that the amount of Moo Juice’s bid was an error
Choice 2 Win, because it is not their fault that Moo Juice made a clerical error
Choice 3 Lose, because it is unreasonable to expect Moo Juice to sell milk at 89 cents per gallon
Choice 4 Lose, because they can get milk from another supplier.
Ben and Jerry, the owners of an ice cream manufacturer, enter an oral agreement with Moo Juice, Inc. under which Moo Juice will provide 10,000 gallons of 2% milk per month to Ben and Jerry at a price of $1 per gallon. The parties agree that Moo Juice will deliver the milk to Ben and Jerry’s plant on the first of each month and that the contract will last for two years. However, when the contract is written down, it is mistakenly written that Moo Juice will deliver 1,000 gallons of milk per month. The best option for Ben and Jerry now is to:
Choice 1 Just accept the written contract as it is and try to buy 9,000 gallons of milk per month from somewhere else
Choice 2 Accept the 1,000 gallons of milk per month from Moo Juice and sue Moo Juice for the rest of the milk
Choice 3 Have the contract changed by the court so that it reflects the oral agreement

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