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Question 1
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:
Correct One of the elements to proving a prima facie case of intentional misrepresentation is proof of a material misrepresentation. Mike made no material misrepresentation. Further, defendant is not required to disclose facts to plaintiff. Therefore, Mike was under no obligation to tell dealer of the true value of the coin.
Incorrect! One of the elements to proving a prima facie case of intentional misrepresentation is proof of a material misrepresentation. Mike made no material misrepresentation. Further, defendant is not required to disclose facts to plaintiff. Therefore, Mike was under no obligation to tell dealer of the true value of the coin.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 2
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:
Correct
Incorrect!
Correct
Incorrect!
Correct Generally, to prove a prima facie case of intentional misrepresentation, plaintiff must prove that, 1) defendant made a material misrepresentation, 2) that he had knowledge of the misrepresentation, 3) that defendant intended for plaintiff to rely on his misrepresentation, 4) that there was actual and justifiable reliance on the part of plaintiff, and 5) that there were damages sustained by plaintiff. However, a promise made by someone who has no authority to make a promise is also considered a misrepresentation. Therefore, when Allan worked out his deal with CableKnit without the authority to do so, he committed a misrepresentation.
Incorrect! Generally, to prove a prima facie case of intentional misrepresentation, plaintiff must prove that, 1) defendant made a material misrepresentation, 2) that he had knowledge of the misrepresentation, 3) that defendant intended for plaintiff to rely on his misrepresentation, 4) that there was actual and justifiable reliance on the part of plaintiff, and 5) that there were damages sustained by plaintiff. However, a promise made by someone who has no authority to make a promise is also considered a misrepresentation. Therefore, when Allan worked out his deal with CableKnit without the authority to do so, he committed a misrepresentation.
Correct
Incorrect!
Question 3
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:
Correct
Incorrect!
Correct In order to have a viable cause of action for misrepresentation, plaintiff must prove material misrepresentation of a past or present fact. "Material" is defined as any misrepresentation that would influence a reasonable person in plaintiff's position in the type of business dealing plaintiff is involved in. In addition, a fraudulent concealment of facts will also be considered a material misrepresentation. Here, Moo Juice fraudulently concealed the fact that their milk only contained 10% milk-fat. This fraudulent concealment is a misrepresentation that they will be held liable for. Thus B is the correct answer. Please note that A is incorrect because Jen and Berry are suing Moo Juice in tort law, not in contract law. Had Jen and Berry sued Moo Juice for breach of contract under contract law, A would be correct. Please also note, that Jen and Berry can sue under theories of tort law and contract law at the same time. Had they done that, both A and B would be correct.
Incorrect! In order to have a viable cause of action for misrepresentation, plaintiff must prove material misrepresentation of a past or present fact. "Material" is defined as any misrepresentation that would influence a reasonable person in plaintiff's position in the type of business dealing plaintiff is involved in. In addition, a fraudulent concealment of facts will also be considered a material misrepresentation. Here, Moo Juice fraudulently concealed the fact that their milk only contained 10% milk-fat. This fraudulent concealment is a misrepresentation that they will be held liable for. Thus B is the correct answer. Please note that A is incorrect because Jen and Berry are suing Moo Juice in tort law, not in contract law. Had Jen and Berry sued Moo Juice for breach of contract under contract law, A would be correct. Please also note, that Jen and Berry can sue under theories of tort law and contract law at the same time. Had they done that, both A and B would be correct.
Correct
Incorrect!
Correct
Incorrect!
Question 4
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:
Correct
Incorrect!
Correct
Incorrect!
Correct In order to have a viable cause of action for misrepresentation, plaintiff must prove material misrepresentation of a past or present fact. "Material" is defined as any misrepresentation that would influence a reasonable person in plaintiff's position in the type of business dealing plaintiff is involved in. In addition, a fraudulent concealment of facts will also be considered a material misrepresentation. However, a defendant is not required to disclose facts. Jen and Berry made no mention of any milk-fat requirements and no requirements were put into the contract. Therefore, Moo Juice was under no obligation to provide milk with 18% milk fat. Further, Moo Juice was under no obligation to disclose that their milk only contains 10% milk fat. Thus, C is correct.
Incorrect! In order to have a viable cause of action for misrepresentation, plaintiff must prove material misrepresentation of a past or present fact. "Material" is defined as any misrepresentation that would influence a reasonable person in plaintiff's position in the type of business dealing plaintiff is involved in. In addition, a fraudulent concealment of facts will also be considered a material misrepresentation. However, a defendant is not required to disclose facts. Jen and Berry made no mention of any milk-fat requirements and no requirements were put into the contract. Therefore, Moo Juice was under no obligation to provide milk with 18% milk fat. Further, Moo Juice was under no obligation to disclose that their milk only contains 10% milk fat. Thus, C is correct.
Correct
Incorrect!
Question 5
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:
Correct
Incorrect!
Correct
Incorrect!
Correct Although the general rule is that defendants are not required to disclose facts about the product he is selling, in cases involving the sale of property, if certain material facts are known to the seller and are both unknown and not readily accessible to the buyer, the seller must disclose the facts to the buyer. If the seller fails to do so, he can be held liable for misrepresentation. Here, Owen knew of the termites. Paul did not know of the termites and the termite problem was not readily accessible to him. Therefore, Owen had an obligation to disclose the termite problem to Paul.
Incorrect! Although the general rule is that defendants are not required to disclose facts about the product he is selling, in cases involving the sale of property, if certain material facts are known to the seller and are both unknown and not readily accessible to the buyer, the seller must disclose the facts to the buyer. If the seller fails to do so, he can be held liable for misrepresentation. Here, Owen knew of the termites. Paul did not know of the termites and the termite problem was not readily accessible to him. Therefore, Owen had an obligation to disclose the termite problem to Paul.