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Yoda just got a job offer. The job is located in Awayville. Awayville is 70 miles north of Binghamton. Yoda wants to accept the job offer, still live in Binghamton, and commute to Awayville on a daily basis. This will result in travel expense relates to approximately 700 miles per week. To make this plan work, Yoda needs a car that will get at least 25 miles per gallon of gasoline.
Yoda goes to Darth's Used Car Dealership. Yoda tells Darth that Yoda needs a car that gets at least 25 miles per gallon of gasoline. Yoda explains the Awayville job situation and Darth says, "I understand - I will check my inventory - I will be right back." Darth goes into his office and looks through two different files of used car inventory. One file contains all cars that get over 25 miles per gallon of gasoline and the other file contains all cars that get under 25 miles per gallon of gasoline. Darth selects a used car from the file that indicates that the cars get over 25 miles per gallon of gasoline and says to Yoda, "Look at this car - it gets 30 miles per gallon of gasoline." Yoda buys the car and drives it to Awayville for one week. The car gets 10 miles per gallon of gasoline.
Assume that Darth misfiled the car that Yoda bought, - that is....it was mistakenly placed in the wrong file; it should have been put in the file that gets under 25 miles per gallon of gasoline. Discuss Yoda's remedy. Assume that Darth did not misfile the car, but in fact, knew that the car only got 10 miles per gallon of gasoline...and told Yoda that the car gets 30 miles per gallon of gasoline. Discuss Yoda's remedy. In both fact patterns above, present all relevant legal rules, concepts, and doctrines to support your discussion.
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