Mike is an avid coin collector and goes to as many trade shows as he can. As Mike is looking through a collection at a show, he finds a “double buffalo”, one of the rarest coins in the world. Mike, knowing that the coin is worth several thousand dollars, offers the dealer $50 for it. The dealer, not thinking the coin had any value, accepts Mike’s offer. The next day, the dealer discovers that the coin is worth $5,000. In an action against Mike, the dealer will: Lose, because Mike made no misrepresentation as to the value of the coin Lose, because dealer generally dealt in goods of the kind Win, because Mike did not disclose the true value of the coin to dealer Win because dealer would not have sold the coin had he known its true value

CableKnit, Inc., is a large sweater manufacturer in New York City. The company uses approximately ten thousand pounds of raw wool every week. At $4 per pound, CableKnit buys $40,000 of raw wool every week. Andrew Shepherd owns and operates the Shepherd Wool Company. Allan Shepherd, Andrew’s son, is employed as a clerk at his father’s wool company. Eager to impress his father, and knowing that his father has always wanted to do business with CableKnit, Allan contacts the president of CableKnit and offers to sell CableKnit raw wool at $3.50 per pound. Knowing that a savings of $5,000 every week would be extremely valuable to his company, the president of CableKnit immediately agrees to buy wool from Shepherd. When Andrew Shepherd learns about the deal he is furious and refuses to honor it, saying that his son had no authority to make a deal on behalf of the company. In an action against Shepherd, CableKnit will: Lose, because the agreement is not binding Lose, because Allan had no authority to make such an agreement Win, because Allan had no authority to make such an agreement Win, because he has committed to buy his wool from Shepherd

Jen and Berry’s is an ice cream manufacturer located in Vermont. Moo Juice Dairy Farms contracts to supply Jen and Berry with the milk and cream they need to manufacture their ice cream. Jen and Berry only use milk that contains 18% milk-fat so as to maintain the richness and creaminess that has made their ice cream famous. Therefore, they insist that all of the milk they buy from Moo Juice must contain 18% milk-fat and Moo Juice agrees to provide it. In fact, Moo Juice supplies Jen and Berry with milk that contains only 10% milk-fat. The quality of Jen and Berry’s ice cream suffers as a result and their sales fall off significantly. In an action against Moo Juice, Jen and Berry will most likely: Win, because Moo Juice violated their contractual agreement Win, because Moo juice misrepresented what they were selling to Jen and Berry Lose, because Jen and Berry should have made sure they were getting what they agreed on Lose, because the percentage of milk-fat was not material to the agreement

Jen and Berry’s is an ice cream manufacturer located in Vermont. Moo Juice Dairy Farms contracts to supply Jen and Berry with the milk and cream they need to manufacture their ice cream. Jen and Berry only use milk that contains 18% milk-fat so as to maintain the richness and creaminess that has made their ice cream famous. However, Moo Juice does not know that Jen and Berry only use milk with 18% milk-fat and Jen and Berry do not insist that the milk they buy from Moo Juice must contain 18% milk-fat. Moo Juice supplies Jen and Berry with milk that contains only 10% milk-fat. The quality of Jen and Berry’s ice cream suffers as a result and their sales fall off significantly. In an action against Moo Juice, Jen and Berry will most likely: Win, because Moo Juice violated their contractual agreement Win, because Moo juice misrepresented what they were selling to Jen and Berry Lose, because Jen and Berry should have made sure they were getting what they agreed on Lose, because the percentage of milk-fat was not material to the agreement

Paul has just graduated from the ParalegalTech Institute and has found a well paying job at a top firm. Now that he can afford it, Paul begins to look for a house in the suburbs. Paul hires Richard from Real Deal Estates to help him find his dream home. Richard shows Paul a house owned by Owen. Owen and Paul negotiate a price and Paul agrees to buy the house. Unknown to Paul, the house is full of termites. Neither Richard nor Owen ever mention the termite problem to Paul and Paul only finds out about the termites after he moves into the house. In an action against Owen for misrepresentation, Paul will: Lose, because Paul should have investigated the house before he bought it. Lose, because Richard should not have shown Paul a termite infested house Win, because Owen knew about the termite problem Win, because Owen breached the contract of sale

© 2003 - 2024 National Paralegal College