Cw Law Paper

894 Words4 Pages
Bob is tired of working as an attorney and decides to open a pet shop. Although Bob knows nothing about dogs, he decides to specialize in retrievers. Bob calls up Dog Breeder and orders 10 Black Labrador retrievers, 10 Chocolate Labrador retrievers, and 10 Yellow Labrador retrievers. All dogs are to be pure bred and male. Breeder mistakenly sends Bob 5 male and 5 female retrievers of each category. Bob does not notice the difference. Although Breeder “certifies” that they are pure bred, he does not send any papers. Bob puts an ad in the newspaper advertising male Black Labs $200.00 each, male Yellow Labs $150.00 each, male Chocolate Labs $100.00 each. Grand Opening Sale. The ad works and Bob’s store is busy. Sally is the first person in…show more content…
A few days after the grand opening, Sally’s vet tells her that her male dog is a female. Betty’s vet determines that Betty’s dog is not pure bred. Sally, Betty, and Sarah all bring their dogs back to Bob and demand their money back. Bob refuses and states, “All sales are final.” Answer these questions by selecting the best answer and support each answer with at least two paragraphs of legal analysis. With regard to the facts between Sally and Bob, select the probable result: a) Unilateral Mistake, Material, Voidable b) Unilateral Mistake, Not Material, Voidable c) Mutual Mistake, Material, Voidable d) Mutual Mistake, Not Material, Voidable With regard to the facts between Betty and Bob, select the probable result: a) Mutual mistake, Material, Voidable b) Voidable based on Bob’s Misrepresentation c) Neither d) Both With regard to the facts between Sarah and Bob, select the probable result: a) Mutual mistake, Voidable b) Unilateral mistake, Valid Contract With regard to the facts between Sally and Bob, select the probable result: d) Mutual Mistake, Material, Voidable When both parties entering into a contract are mistaken about facts relating to the agreement, the contract may be voidable by the adversely affected party if: (1) the mistake concerns a basic assumption on which the contract is made (here the parties thought the dog was male), (2) the mistake has a material effect on the agreed upon exchange (female dogs may not be
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