Question: A contract where performance by a party is rendered impossible due to an unexpected or unforeseen change in circumstances affecting the agreement is... Non est

A contract where performance by a party isA contract where performance by a party isA contract where performance by a party isA contract where performance by a party is

A contract where performance by a party is rendered impossible due to an unexpected or unforeseen change in circumstances affecting the agreement is... Non est factum an example of Specific performance a Frustrated Contract Innocent Misrepresentation Binding on all parties regardless of circumstances Mike sells screwdrivers door to door. On November 1st, he knocks on Harinder's door and and pushes him to purchase new screwdrivers. Harinder tells Mike that he just bought a new screwdriver set last year, but Mike is very pushy and insists that his product is superior and that Harinder's old screwdrivers were of low quality. Harinder feels awkward and doesn't feel comfortable refusing, so he signs a contract and buys the new screwdrivers. The next day, Harinder wakes up feeling that wasted money on the purchase. He is embarrassed that he was pushed into making the purchase. The new screwdrivers are better, but he could have gotten by with his original set. He calls Mike and asks to return the new screwdrivers. Mike says that they have a contract and refuses a refund. What can Harinder do? He can claim a cooling off period and repudiate the contract within 10 days of the signing. He can sue for Fraudulent Misrepresentation and get rescission of contract and damages. He can sue for Innocent Misrepresentation and get rescission of contract. Unfortunately, all of the ingredients of contract were present. He is locked in to the agreement. Which of the following would be deemed to be an "Unfair Practice" under the Consumer Protection Act False, Misleading, or deceptive representations to the consumer regarding product quality False, Misleading, or deceptive representations to the consumer regarding product performance False, Misleading, or deceptive representations to the consumer regarding product's special attributes all of the above none of the above Ruzbeh writes a novel about a war in space between an evil galactic empire and a group of rebels who are fighting for their freedom. He calls it "Space Freedom Quest". Six months later, seeing that Space Freedom Quest was popular, Danka wrote a book called "Star Struggle". It took place in a different place, had different characters and a different storyline, but dealt with rebels fighting against a space empire. When Ruzbeh discovers this, he is furious. What can he do? Sue for Copyright infringement Sue under a Non Disclosure Agreement Sue for Trademark infringement Nothing. You cannot own an idea - only the expression of an idea and Star Struggle was expressed differently. None of the above

Step by Step Solution

There are 3 Steps involved in it

1 Expert Approved Answer
Step: 1 Unlock blur-text-image
Question Has Been Solved by an Expert!

Get step-by-step solutions from verified subject matter experts

Step: 2 Unlock
Step: 3 Unlock

Students Have Also Explored These Related General Management Questions!