Exam (elaborations)
LEGL 4400 EXAM III EOC QUESTIONS and answers verified 2024
- Course
- Institution
LEGL 4400 EXAM III EOC QUESTIONS and answers verified 2024
[Show more]
Content preview
LEGL 4400 EXAM III EOC QUESTIONSAnita & Barry were negotiating, & Anita's attorney prepared a long & carefully
drawn contract, which was given to Barry for examination. Five days later &
prior to its execution , Barry's eyes became so infected that it was impossible
for him to read. Ten days thereafter & during the continuance of the illness,
Anita called upon Barry & urged him to sign the contract, telling him that time
was running out. Barry signed the contract despite the fact that he was unable
to read it. In a subsequent action by Anita, Barry claimed that the contract was
not binding upon him because it was impossible for him to read & he did not
know what it contained prior to his signing it. Should Barry be held to the
contract? - correct answer ✔Yes, he knew he was entering into the contract,
no misrepresentations were made.
On September 1, Adams in Portland, Oregon, wrote a letter to Brown in NYC,
offering to sell to Brown 1,000 tons of chromite @ $48/ton, to be shipped by
S.S. Malabar sailing from Portland, Oregon, to NYC via the Panama Canal.
Upon receiving the letter on September 5, Brown immediately mailed to
Adams a letter stating that she accepted the offer. There were 2 ships by the
name of S.S. Malabar sailing from Portland to NYC via the Panama Canal,
one sailing in October & the other sailing in December At the time of mailing
her letter of acceptance Brown knew of both sailings & further knew that
Adams knew only of the December sailing. Is there a contract? If so, to which
S.S. Malabar does it relate? - correct answer ✔Yes, it is a contract for the
ship sailing in December.
Adler owes Panessi, a police captain, $500. Adler threatens that unless
Panessi discharges him from the debt, Adler will disclose the fact that Panessi
has on several occasions become high intoxicated & has been seen in the
company of certain disreputable persons. Panessi, induced by fear that such
a disclosure would cost him his position or in any event lead to social
disgrace, gives Adler a release but subsequently sues to set it aside & recover
on his claim. Will Adler be able to enforce the release? - correct answer
✔No, Adler will not be able to enforce the release because duress by
improper threat invalidated mutual assent.
, Harris owned a farm that was worth about $600/acre. By false representations
of fact, Harris induced Pringle to buy the farm at $1,500/acre. Shortly after
taking possession of the farm, Pringle discovered oil under the land. Harris, on
learning this, sues to have the sale set aside on the ground that it was
voidable because of fraud. Result? - correct answer ✔Decision for Pringle,
contract is voidable only by the defrauded party, Pringle.
Decedent Judith Johnson, a bedridden, lonely woman of 86 yeas, owned
outright Greenacre, her ancestral estate. Ficky, her physician & friend, visited
her weekly & was held in the highest regard by Johnson. Johnson was
extremely fearful of suffering & depended upon Ficky to tase her anxiety &
pain. Several months before her death, she deeded Greenacre to Ficky for
$5,000. The fair market value of Greenacre at this time was $125,000.
Johnson was survived by 2 children & 6 grandchildren. Johnson's children
challenged the validity of the deed.Should the deed be declared invalid due to
Ficky's undue influence? Explain. - correct answer ✔Yes, undue influence
was present. There was a dominant/subservient relationship (doctor/patient),
the opportunity for influence, & a contract that was disadvantageous to
Johnson, as the deed was sold for nowhere near market value of the estate.
In consideration of $1,800 paid to him by Joyce, Hill gave Joyce a written
option purchase his house for $180,000 on or before April 1. Prior to April 1,
Hill verbally agreed to extend the option until July 1. On May 18, Hill, known to
Joyce, sold the house to Gray, who was ignorant of the unrecorded option, On
May 20 Joyce sent an acceptance to Hill who received it on May 25. Is there a
contract between Joyce and Hill? Explain. - correct answer ✔No contract,
not a merchant's firm offer therefore lacked consideration.
(a) Ann owed $500 to Barry for services Barry rendered to Ann. The debt was
due June 30, 2007. In March 2008, the debt was still unpaid. Barry was in
urgent need of ready cash & told Ann that if she would pay $150 of the debt at
once, Barry would release her from the balance. Ann paid $150 & stated to
Barry that all claims had been paid in full. In August 2008, Barry demanded
the unpaid balance & subsequently sued Ann for $350. Result? (b) Modify the
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller LEWISSHAWN55. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $13.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
81849 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now