LS 3323 Bella Capelli Academy in Robinson Contract Law Scenarios Discussion need attached 5 questions answered in law in few sentences each as mentioned…………………………. LS 3323-003
HOMEWORK ASSIGNMENT #2
Answer the following 5 questions in a separate document as a Team. Each Team will submit only one
document via Canvas.
Each answer should be 3-7 sentences, typed, single-spaced, 12-point font, 1margins.
Put the names of each Team Member and Team # on each page of your answer sheets.
Worth up to 25 points.
Due July 22, 2020, by 10:30 a.m. via Canvas. Each team should be prepared to talk about their answers on
Questions 1-4 are based on the following scenario: Marissa, who is 1 week away from her 18th
birthday, is interested in buying a used car from her high-school principal, Victor. Marissa and
Victor talk about the car in Victors office, and Victor tells her that the engine on the car is in
good shape and that he does not know of any problems with the car. Marissa agrees to pay
Victor $1,000 for the car as is, after Victor convinces her that is a fair price. After his meeting
with Marissa, Victor learns that the car is being recalled by the manufacturer for a faulty engine.
The next day, Victor delivers the car to Marissa. Before he hands the car over, Victor
tells Marissa he will sell the car only if she pays him an additional $300 since he had the car
detailed and made her a second set of keys. Marissa agrees to pay the extra money, but tells
Victor she cannot do so now. Victor tells her she must deliver the extra $300 to him within two
weeks. Marissa then gives Victor $1,000, and Victor leaves without telling Marissa anything
about the recall. Marissa never gives Victor the additional $300.
Three months later, Marissa is very angry at Victor. She has done some research and
determines the car is worth only $500. More importantly, she is experiencing problems with
the car and finds out that Victor had been notified about the engine issues. She asks Victor for a
refund, but he refuses to give her one.
1. Name two ways (2 legal theories/rules), other than fraudulent misrepresentation or negligent
misrepresentation, in which Marissa may be able to claim the K is voidable? Explain each
legal theory thoroughly with respect to this scenario.
2. Speaking of fraud, can Marissa sue Victor for fraudulent misrepresentation? What would
she have to prove? Do you think she will win explain your answer by evaluating Marissas
chances with respect to each element of misrepresentation?
3. Regardless of Marissas possible claims (pretend Marissa has no claims to challenge the K),
does Victor have a breach of K claim against Marissa for failing to pay the additional $300.
Why or why not?
4. Lets assume Victor never knew about the manufacturers recall. Can Marissa get out of
the K with Victor based on the law of mistake with respect to the condition of the engine?
Explain thoroughly. What is the remedy for a mutual mistake?
5. This question involves the following scenario: On February 1, 2020, Independence Plating,
located in New Jersey, entered into a valid contract with Prestige Industries, located in
Oklahoma, for the sale of anodized machine parts. The contract calls for the parts to be
delivered from Independence to Prestige by April 15, 2020. Prestige requires the parts by
the specified date in order to fulfill its own third-party contracts (contracts with parties
other than Independence). Unfortunately, due to the global spread of COVID-19,
Independences work force is cut in half by mid-March and products needed for the
anodizing process are slow to come in from Independences suppliers. If Independence is
unable to meet the April 15 deadline as a result, do any legal theories exist that would excuse
Independences performance given the circumstances? Or, may Prestige successfully sue
Independence for breach? Explain fully.
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