[Pet Pig Farm] Jen was interested in buying Monique’s land in order to breed small pet pigs. Jen told Monique that having water on the property was very important although she did not mention to Monique her plan to breed small pigs. Monique assured her that a spring ran through one corner of the property. Therefore, Jen agreed to buy the farm. Jen, who loved pigs, assumed that the neighbors would be pleased with the pigs being in the area. Monique also agreed to sell Jen a used truck for $5,000. After the contract for the land sale was entered into, Jen had a land survey done, and it was discovered that the spring did not actually run through the corner of Monique’s property. The area in which the spring ran belonged to a neighbor. Additionally, when Monique brought Jen the used truck, Jen said, “That’s not the truck!” It was discovered that Monique, who had two trucks, thought that Jen had bought the older truck although Jen thought she had purchased the newer truck. Jen was also surprised when she received a petition signed by all surrounding landowners objecting to the presence of the pigs and threatening to sue Jen for nuisance. It will cost Jen more than she had agreed to pay Monique in order for Jen to obtain a similar farm that has a spring within its legal boundaries. 56) Which result is most likely in the dispute between Jen and Monique regarding which used truck was sold, assuming that both Jen and Monique were innocently mistaken and did not intend to defraud the other? A) Jen will be allowed to pick the truck she wants to buy because she is the buyer, but she may not recover damages. B) Jen will be allowed to pick the truck she wants to buy because she also had a contract on the ancillary farm. C) Jen will be allowed to pick the truck she wants to buy because she is the buyer, and she may also recover damages. D) The contract will be rescinded. E) Monique will be allowed to pick the truck she wants to sell because she is the seller. [Cheap Motorcycle] Jack, an unpleasant, disagreeable, business law teacher, notices that a student, Liam, who is past the age of majority, has a nice motorcycle for sale. Liam has struggled through school, is in his last semester, and needs to pass business law in order to graduate. Jack tells Liam that he would like to see Liam pass and, in the next sentence, says that he wants to buy the motorcycle for $100, a price far below the value of the motorcycle. Liam asks if Jack is serious about the price, and Jack replies, “I have the power here! Take it or leave it!” Jack proceeds to draw up a contract for the sale of the motorcycle for $100 which Liam signs. Liam does some research and finds that Jack has had several arrests for driving under the influence in a nearby town. As an act of revenge, Liam tells Jack that unless Jack sells Liam his new Mustang convertible for $50, he will send a letter about the arrests to the school newspaper. Jack reluctantly agrees to the deal. 57) What is true if Liam seeks to rescind the contract for the sale of the motorcycle? A) Liam may rescind the contract on grounds of undue influence or on grounds of duress. B) Liam may rescind the contract on the ground that although he is past the age of majority, he is still a student. C) Liam may rescind the contract on grounds of duress. D) Liam may rescind the contract on grounds of fraud or on grounds of duress. E) Liam may not rescind the contract. 58) Which statement is true if Jack seeks to rescind the contract for the sale of the Mustang? A) Jack may not rescind the contract because truth is involved. B) Jack may rescind the contract on grounds of defamation. C) Jack may rescind the contract on grounds of duress. D) Jack may rescind the contract on grounds of fraud. E) Jack may rescind the contract on grounds of misappropriation of name or likeness. [Scheming ‘Friends’] Richard wants to rent a basement apartment in Eric’s home. Richard threatens to tell Eric’s parents that Eric had been arrested for illegally smoking marijuana unless Eric rents the apartment to him for $100 per month. (The information regarding the arrest is true.) Eric reluctantly agrees to rent the apartment to Richard for $100 per month. Richard also wants to buy Eric’s car. Eric runs back the odometer on the car before Richard looks at it. Richard is impressed by the low mileage and agrees to buy the car. Eric offers to sell Richard a ring for Richard’s fiancée. Eric tells Richard that the ring is a diamond and believes that to be true. After the deal is made, however, a jeweler friend of Eric informs him that the ring is a fake. When Richard shows up with the money, Eric says nothing. He just hands Richard the ring and takes the money. Later, Richard finds out that the odometer was run backwards from another friend in whom Eric confided. Richard also finds out from his girlfriend that the ring is a fake. 59) Which of the following is Richard guilty of in threatening to tell Eric’s parents about the arrest unless Eric rents the apartment? A) Undue influence B) Fraud C) Duress D) Consumer misbehavior E) Unconscionability 60) What would be the most likely result if Eric attempts to rescind the agreement to rent the apartment? A) He will be able to rescind the contract because of undue influence. B) He will not be able to rescind the agreement unless he can show that he was not actually convicted of the crime alleged. C) He will not be able to rescind the contract because he agreed to it. D) He will be able to rescind the agreement based upon Richard’s threat of extortion. E) He will be able to rescind the agreement based upon the threat to Richard’s economic interests.  Â