able success in getting his funds back. (See page 266.) 15-3. Voluntary Consent.

Question

able success in getting his funds back. (See page 266.) 15-3. Voluntary Consent. Discuss whether either of the fol- lowing contracts will be unenforceable on the ground that voluntary consent is lacking: (a) Sim the his ty- in s, mons finds a stone in his pasture that he believes to be quartz. Jenson, who also believes that the stone is quartz, contracts to purchase it for $10. Just before delivery, the stone is discovered to be a diamond worth $1,000. (See page 266.) ne to 's (b) Jacoby's barn is burned to the ground. He accuses Goldman's son of arson and threatens to have the prosecutor bring a criminal action unless Goldman agrees to pay him $5,000. Goldman agrees to pay. (See page 300.) autra months to build the house while the logs laimed that the

Explanation / Answer

Ans 15-3

(a) At the time of contract, neither of the parties knew that the stone was a diamond. Therefore the consent to sell it was voluntary, therefore the contract is forceable.

(b) As the contract to pay the damage is under coercion, the voluntatry consent is lacking.

Ans 15-7 As the defendant knew the problem and prevented the plaintiff from knowing the material facts that were relavant to the purchase, he is liable for misrepresentation by conduct.

Related Questions

Navigate

• Browse (All)
• Browse A
• Subjects

---

---

Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.