1. Ingrid and Michael want to buy a house. As they don\'t have sufficient money,
ID: 384820 • Letter: 1
Question
1. Ingrid and Michael want to buy a house. As they don't have sufficient money, they plan to steal their neighbor's car and sell it to make money. This is a valid contract
True or False
2. In a unilateral contract, one of the parties makes a promise and the other party performs an act in exchange for that promise
True or False
3. A contract is implied when the parties directly state its terms at the time the contract is formed
True or False
4. Kasim owned a Super 8 Lodge and rented space to Duncan for a bar-lounge. Duncan
was responsible for remodeling costs and operating expenses. She put a substantial amount of her personal property in it. Duncan did not reveal she was a convicted felon which, under Florida law, made it illegal for her to be in charge of a bar-lounge. After learning this, Kasim barred her from entering the area and kept all the property she had put there. Can Duncan recover under a theory of unjust enrichment? Why?
Short - answer
5, Sheldorado Aluminum Products sold an aluminum awning to Villette and installed it on the back of his home for use as a carport. There was no formal written contract, but there was a bill of sale. The day after installation, the awning began to leak. Six months later, after a snowstorm, the awning collapsed on top of Villette's new Mercedes Villette sued for the return of the $3,000 paid to Sheldorado. Should this contract be decided under the UCC or the common law? Why?
Short - answer
Explanation / Answer
1. False. If they steal the neighbor's car to make money it is not a valid contract as they do not have the legal and correct documents to do so. The contract is not valid as they are not the owners of the car.
2. True. A unilateral or one-sided contract has one of the parties make a promise and the other party performs an act in exchange for the promise. This is securing the promise.
3. False. A contract is not necessarily implied when the parties directly state its terms at the time of the formation of the contract.
4. No. Duncan cannot recover her property as she was already convicted under Florida law and she was convicted to be illegal for her to be in charge of a bar-lounge. Also, she did not reveal this before renting Kasim's space. Hence this is not covered under unjust enrichment and she cannot claim them back.
5. First Villette needs to check if the product is covered under the warranty that is provided by Sheldorado. Typically, the aluminum awning will be covered under warranty scheme. Since the leakage is just after installation and also damage due to snowstorm is within 6 months. This should've been covered under the manufacturer warranty and insurance. Hence, there is no need to sue Sheldorado in the case as it can be claimed under warranty.
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