Fact pattern for Q# 34 . John, the car dealer from questions 32 and 33, greets Mary at the front door of the dealership. Mary, is a gray haired pretty woman and is well dressed. Mary tells John she wants to buy a brand new car, not a used car like Tom did above. Mary explains that she hasnt gotten a new car in a long time and wants all the new technologies, multiple sound speakers, Wifi, and call functions. She also wants to speak to Harold, a martian that has been having trouble contacting her and she thinks a pod on the roof would solve the issue. The car also has to be lime green John listens politely and says he will look at his inventory. John walks away and shares this with the other salesmen, laughing it up saying I am desperate for a sale and will do it anyway I can!!

He comes back to Mary and says that he has a light green mini Cooper and can even draw circles on the roof of the car if Harold wants to land on the roof. Mary is delighted and sits down to fill out the forms off of her drivers license, signs the contract which requires a $6000 down payment and 39 month financing plan while service guys paint black circles on the roof of Marys new car. John signs for the dealership.

Six months later, Marys son drives up in Marys car followed by Marys daughter in her car. They walk into the dealer to return the car and ask for the down payment Mary had met and to have Mary fully released from the contract with the dealer as Mary is an incapacitated adult.

34. What kind of contract did Mary have with John and the dealership?

1. The contract is void because it is illegal for the dealer to draw circles on the car.
2. Mary can be released from the contract as it was voidable at Marys option and John was aware that Mary had problems or should known that she had problems that may signal Marys incapacitated nature.
3. It is a valid contract and Mary is liable for the contract.
4. None of the above.

35. In Lucy vs Zehmer, where Lucy wanted to buy the Ferguson farm from Zehmer, that is presented in the book and we discussed in class, the landmark case stands for

1. The need for consideration and bargained for exchange and Lucy wasnt going to pay Zehmer.
2. The illegal object voids the contract because the Ferguson contract was a marijuana farm in the 1950s.
3. The acceptance by Zehmer was in jest and he drank too much and therefore invalid.

4. It was a valid contract because there was outward genuine assent manifested by the written contract and a proper agreement including his wife who was an owner, terms were definite and certain and there was proper consideration, and communication was clear by both parties, not counting the inner thoughts of the Zehmers who didnt share with Lucy.

36, In Hamer vs Sidway, discussed in the book and class, where Uncle William promises his 16 year old nephew, Willie $5,000 if he refrains from drinking alcohol, playing billiards, swearing, smoking, and gambling, he would get $5,000, this landmark case stands for:

1. This contract is void because the activities were illegal, so Willie wasnt allowed to do any of that at age 16, including swearing.
2. Nephew Willie continued to do all of the activities he promised he wouldnt do.
3. Uncle Williams promise to Nephew Willie was not proper consideration.
4. Willies refraining from doing activities that he legally was allowed to do is forbearance and is proper consideration and Uncle William owes $5,000 for the promise William kept until he was 21 years old.