Trudy is having a yard sale. One of the items she is trying to
sell is a violin she bought at an auction in Europe. Roger sees the
violin and asks Trudy if it is a Stravinsky. She tells him it is
and he agrees to pay $399 for it. Upon inspection by an expert, it
is later determined that the violin is not a Stravinsky. Roger
returns it to Trudy and demands his money back. Trudy refuses and
Roger sues to rescind the contract. A court will most
likely:
A. grant the rescission because the parties entered into the
contract under a bilateral mistake.
B. grant the rescission because the contract was not
written.
C. grant the recission because Roger can assert the defense of
undue influence.
D. not grant the rescission because Roger entered into the
contract under a unilateral mistake.
Spokes Inc. manufactures bicycles and Buycycle is a small store
which sells bicycles. Spokes Inc. sends Buycycle the
following signed offer: "Spokes Inc. will sell Buycycle our Model J
unit for $100. This offer is open for 30 days from the date
of this letter. Payment for orders is due on delivery."
Buycycle responds with an acceptance memo which orders 22 Model J
units. Included in the acceptance memo is the term "Seller
agrees to accept payment by check or money order." Which of the
following is true?
Group of answer choices
A. Spokes Inc. can revoke its offer at any time.
B. The common law would be applicable to this contract.
C. Buycycle's acceptance does not create a contract.
D. The additional term will become part of the contract unless
it is rejected by Spokes Inc.
Trudy is having a yard sale. One of the items she is trying to sell is a violin she bought at an auction in Europe. Roge
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