1. List five elements an injured party must prove in order to claim fraud. 2. Explain...

 

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1. List five elements an injured party must prove in order to claim fraud. 2. Explain the distinction between fraud and misrepresentation. 3. What are some examples of duress? 4. Why does the law provide that a mistake must be mutual, and not unilateral, in order for a contract to be voidable? 5. Brooking agreed to sell a tract of land to Dover Pool & Racquet Club, Inc., on which Dover planned to build a swim and tennis club. Neither party to the contract knew that just before the contract was signed, the local zoning board of the town in which the land was located published a notice of public hearings on a proposal to amend the zoning in a way that would have prevented Dover from using the land as it had planned to do. Will this contract be enforced? [Dover Pool & Racquet Club, Inc. v. Brooking, 322 N.E. 2d 168 (Massachusetts)] What principle of law is at issue here and how will the court decide? 6. What are the chief provisions of the Statute of Frauds? 7. What is the minimum dollar amount specified in the Uniform Commercial Code as a requirement for written contracts for the sale of personal property? Should this amount be greater? 8. Anderson was seriously injured in a traffic accident. Anderson's daughter called a doctor, Lawrence, and told him to "give my father the best care you can give him, and l'll pay whatever you charge." The doctor provided the care, but the father died before the bill was paid. Lawrence attempted to collect for his services from the father's estate. The executor the estate refused to pay. Lawrence then attempted to collect from the daughter who had guaranteed payment. Is the daughter legally responsible for the debts of her father if the agreement was not in writing? Lawrence v. Anderson, 184 A. 689 (Vermont)]. What principle of law is at issue here and what did the court decide? 9. Phung orally agreed to sell a thoroughbred horse to Presti for $60,000. When Presti sent a check in payment, Phụng told him that he intended to hold the check for a month for tax purposes. Phung retained possession of the horse. While the check remained uncashed, a disagreement arose between Phgung and Presti, Phung announced that he would not go through with the transaction and that, because the contract was oral, it was unenforceable. Presti claimed that his sending the check was payment and this action made the oral contract valid and enforceable. Phung denied accepting payment. Is Presti's claim, that sending the check made the contract enforceable, valid? 10. Marti, the owner of an expensive sports car, agreed in writing to sell the car to Berini. Because both parties recognized that some necessary engine repairs were needed, their contract did not specify the sales price, intending to determine the cost of repairs first. The cost of repairs was later determined and the final price settled, but the price was never included in the contract. Is this an enforceable contract? 1. List five elements an injured party must prove in order to claim fraud. 2. Explain the distinction between fraud and misrepresentation. 3. What are some examples of duress? 4. Why does the law provide that a mistake must be mutual, and not unilateral, in order for a contract to be voidable? 5. Brooking agreed to sell a tract of land to Dover Pool & Racquet Club, Inc., on which Dover planned to build a swim and tennis club. Neither party to the contract knew that just before the contract was signed, the local zoning board of the town in which the land was located published a notice of public hearings on a proposal to amend the zoning in a way that would have prevented Dover from using the land as it had planned to do. Will this contract be enforced? [Dover Pool & Racquet Club, Inc. v. Brooking, 322 N.E. 2d 168 (Massachusetts)] What principle of law is at issue here and how will the court decide? 6. What are the chief provisions of the Statute of Frauds? 7. What is the minimum dollar amount specified in the Uniform Commercial Code as a requirement for written contracts for the sale of personal property? Should this amount be greater? 8. Anderson was seriously injured in a traffic accident. Anderson's daughter called a doctor, Lawrence, and told him to "give my father the best care you can give him, and l'll pay whatever you charge." The doctor provided the care, but the father died before the bill was paid. Lawrence attempted to collect for his services from the father's estate. The executor the estate refused to pay. Lawrence then attempted to collect from the daughter who had guaranteed payment. Is the daughter legally responsible for the debts of her father if the agreement was not in writing? Lawrence v. Anderson, 184 A. 689 (Vermont)]. What principle of law is at issue here and what did the court decide? 9. Phung orally agreed to sell a thoroughbred horse to Presti for $60,000. When Presti sent a check in payment, Phụng told him that he intended to hold the check for a month for tax purposes. Phung retained possession of the horse. While the check remained uncashed, a disagreement arose between Phgung and Presti, Phung announced that he would not go through with the transaction and that, because the contract was oral, it was unenforceable. Presti claimed that his sending the check was payment and this action made the oral contract valid and enforceable. Phung denied accepting payment. Is Presti's claim, that sending the check made the contract enforceable, valid? 10. Marti, the owner of an expensive sports car, agreed in writing to sell the car to Berini. Because both parties recognized that some necessary engine repairs were needed, their contract did not specify the sales price, intending to determine the cost of repairs first. The cost of repairs was later determined and the final price settled, but the price was never included in the contract. Is this an enforceable contract?

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1 Essential elements or conditions for a fraud to exist For a fraud to exist the following are the essential elements There must be ... View the full answer