Erin was told by the store's produce manager that the Acerola cherries were of a variety that
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- Erin was told by the store's produce manager that the Acerola cherries were of a variety that had an extremely high level of vitamin C so she bought a case for her health club's garden party. At the party, the guests enjoyed eating up all the cherries. When Erin was next in the store, the manager corrected his prior statement, saying that the cherries were not Acerola cherries like he had thought. Does Erin have a legal claim for rescission?
- Yes, she does, because it is the only legal avenue to pursue) Yes, she does, because this is innocent misrepresentation) Yes, she does, since the store admits to the error’s) No, she doesn't, because rescission is impossible) No, she doesn't, because this is a case for damages.
2 Julie is a successful business woman who owns and operates a fast food franchise. In order to obtain an extension of the business' line of credit, she requests that her husband pledge his inherited family homestead towards the loan she has arranged at the bank. He seems perfectly willing to do this. Yet to avoid a possible later legal claim of undue influence by Julie's husband, which would be wisest for the bank to do?
- have Julie's husband get independent legal counsel) explain very carefully what would transpire) place all transactions under seal’s) have the husband sign a paper to the effect that he was not unduly influenced) have Julie's lawyer thoroughly explain to Julie's husband the legal implications.
3. A court will admit parole evidence about a missing term in relation to any of the following circumstances EXCEPT
- the written agreement does not contain the whole agreements) the written agreement is unambiguous) the missing term is part of a subsequent oral agreement’s) the missing term is part of a collateral agreement) the missing term is a condition precedent to the written agreement.
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