Answer the following questions based upon your assigned readings and class materials. PLEASE CITE YOUR SOURCES (including the text and slides). Please be advised that by relying on material outside the course may give information that is not as discussed or presented in class and will not provide additional credit.
Your answers must be in complete sentences and free of typographical errors.
Your writing assignment must be saved as either as WORD documents or in PDF, with doublespaced, 1” margins. The assignment must be well written and professional in appearance. Your completed assignment must be uploaded onto Blackboard for submission. NO OTHER FORMATS WILL BE ACCEPTED. THERE ARE NO EXCEPTIONS. If you submit a document in an alternate format that cannot be opened in Blackboard, you will receive a 0 on the assignment.
SHORT ANSWER/ESSAY QUESTIONS
1. Set forth the exceptions that would permit a court to invalidate a contract on grounds of unilateral mistake. Marissa was interested in buying a used personal watercraft from Victor. He told her that the engine on the watercraft was in good shape. Marissa agreed to pay Victor $4,000 for the watercraft. Marissa was going out of town on vacation, so they agreed that when she returned in a week, she would pay Victor and pick up the watercraft. During that week, the manufacturer notified Victor that the watercraft was being recalled because it had a faulty engine. Victor said nothing about the condition of the engine or the recall when Marissa came to pick up the watercraft. They chatted about other matters; she gave him the $4,000, and took the watercraft. Later, Marissa started having problems with the watercraft and found out that Victor and other initial purchasers had been notified of the issue with the engine. She asked for a refund, accusing Victor of fraud. Victor refused on the basis that he did not make any misrepresentation.
For purposes of this question, assume that sales talk or puffery is not at issue.
2. Who is correct and why? (A comprehensive analysis will include answers to the following questions: Under what legal cause of action will Marissa sue Victor? Please outline the law of that cause of action and then provide a conclusion and analysis of who will be successful, Marissa or Victor?)
Haruki’s boss, Gabriel, tells him that because he has been such a valuable employee, he will receive an extra week of vacation. When Haruki decides to schedule the vacation, he reminds Gabriel of his statement. Gabriel says that he has changed his mind and that he really cannot afford to let Haruki have an extra week off. Haruki says that Gabriel has breached the contract he had with him for an extra vacation week.
3. Does a valid contract for an extra vacation week exist? (A comprehensive analysis will include the following information: The elements required to make a valid contract, along with and a conclusion supported by an analysis of the facts to each element.)
4. Assume that there is not a valid contract, is there another theory that Haruki might be successful under? Under this theory, who wins? (A comprehensive analysis will include the following information: The elements required for the alternate theory, along with and a conclusion supported by an analysis of the facts to each element.)
Jun is building a home for Tessa that is to be completed by December 31st. Jun tells Tessa that he needs to hire additional workers in order to have the home done by that time and that she needs to pay him an extra $10,000. Tessa agrees to pay. Jun finishes the home and asks for his $10,000. Tessa refuses to pay.
5. If Jun sues, what is the likely result? (A comprehensive analysis will include the following information: Under what theory will Jun expect to get paid and the theory that Tessa will rely on for not paying the additional $10,000. Please define the law for each theory and an analysis on who will be successful based on the definitions and the facts.)