Reference no: EM13711104 , Length: 1500 Words

Question 1: Explain the doctrine of unilateral mistake and list the conditions under which courts may grant rescission, giving a clear example of each situation that may lead to rescission.

Question 2: List the elements (not the types) of the defense which requires intent and for which you can either rescind the contract and/or sue for damages.

Question 3: Neil owned a violin that he wanted to sell and Linda wanted to purchase. Both parties thought the violin to be a rare Stradivarius violin. They agreed on a price of $200,000. Later, it was discovered that the violin was just an ordinary violin, the value was only $10,000. Linda sues to recover her money. Will she win?

Question 4: Decedent Joan Jones, a bedridden, lonely woman of eighty-six years, owned outright Greenacre, her ancestral estate. Bigger, her physician and friend, visited her weekly and was held in the highest regard by Joan. Joan was extremely fearful of suffering and depended upon Briggers to ease her anxiety and pain. Several months before her death, she deeded Greenacre to Briggers for $5,000. The fair market value of Greenacre at this time was $125,000. Joan's children challenge the validity of the deed. Will they be successful?

Question 5: Adler owes Perreault, a police captain, $5,000. Adler threatens that unless Perrault discharges him from the debt, Adler will disclose the fact that Perreault has on several occasions become highly intoxicated and has been seen in the company of certain disreputable persons. Perreault, 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 and recover on his claim. Does Adler have to pay up?

Question 6: List the three essential elements of a contract.

Question 7: Susie Starr, a highly successful movie star in both the United States and the United Kingdom is concerned because a tabloid based in the United States with distribution in both the United States and United Kingdom falsely claimed that she has a problem with alcohol and had an affair with best friend's husband. She is considering a lawsuit for defamation. She asked you wether it would be easier to win the case in the United States or in the United Kingdom. What would you tell her and why? How does defamation law of the United Kingdom differ from that of the United States?

Question 8: Millie mows her own yard to save money. Her neighbor Paul, however, hires a lawn service to mow his yard. One day Millie is looking out the window and sees Paul's lawn service drive up. Surprisingly, they begin to mow her yard, not Paul's yard. Millie thinks that is great and keeps her mouth shut while they mow the yard. Later, she gets a bill. She calls the owner of the lawn service and says that she does not have to pay because there was no contract where she agreed to have her yard mowed. Discuss whether the lawn service is entitled to any recovery, clearly stating and explaining the elements of their claim for recovery.