Smith goes to a garage sale where he buys an old framed blac

Smith goes to a garage sale where he buys an old framed black and white photograph of a landscape from Wesson for 520. It later turns out that the photograph is an original print by the renowned photographer Ansel Adams and is worth $2,500. Neither Smith nor Wesson knew this at the time of contracting. What must smith do? A statute of limitations Smith owns a successful wine bar in Manhattan. Jones the major wine distributor in the New York metropolitan area and of smith\'s wine bar, approaches smith and says \"Unless you sign this contract giving me a percentage of the business. I will make sure you don\'t get any more wine deliveries. \"Smith signs the contract. When Smith fails to perform under the contract, Jones sues smith signed it Sally is thinking about buying Linda\'s car Linda knows that there n a leak in the brake line, and that after driving the car for a few minutes, the brake fluid will leak out and the car will have no brakes. Salty does not ask about it and Linda does not tell her. Sally buys the car, and while driving home, the brakes fail. Sally has an accident and the car is destroyed Sally sues linda for fraud to get her money back. Which is true? The law firm of Smith & Wesson promises to hire Ashford as a first year associate after Ashford passes the state bar examination. Passing the bar exam is called a(n) While laurel is extremely intoxicated, he promises to sell his vintage mint-condition Porsche 911 to Hardy for $100. This contract Which of the following would be an exception to the parol evidence rule?

Solution

20.

20

a. nothing- the photograph is Smith’s without further obligation.

At the time of contract both the parties did not know the actual value of the photograph.

21.

d. Establishes the time period within which a plaintiff must commerce a lawsuit.

22.

c. can be rescinded because it was made under undue influence. In this case the wine distributor has threatened Smith that unless he sign a contract giving him a percentage of business then he won’t get wine deliveries. Therefore the contract is invalid and can be rescinded.

23.

d. silence in this situation is a misrepresentation. The general rule is that mere silence will not amount to a misrepresentation. However in this case Linda’s silence has resulted in an accident and the car was also destroyed. It might also result in severe damage to Sally.