There is an existing contract calling for Seller to deliver 1,000 widgets to Buyer. Buyer says to Seller, “I would like to buy 100 additional units at the same price.” Seller responds, “We promise to sell you the 100 extra units if we decide not to sell them to other customers.” Regarding only the sale of the extra 100 units:

Which of the following is true about the difference between express and implied warranties?

Fen pulls her car into a line for a car wash. Fen says nothing and her car is washed by the employees there. Fen then refuses to pay for the car wash, stating that there is no contract. In a subsequent lawsuit:

Which of the following is generally true about contract damages?

Which of the following is least likely to make the employer liable for unjust dismissal or wrongful discharge under the public policy exception to the employment at will doctrine?

Palmer goes to a truck dealership and asks for a truck capable of handling a 5000-pound load. He makes it clear that it is up to the salesman to select an appropriate truck because he says he knows “nothing about trucks.” The salesman tells Palmer that, “I have the truck for you, it will fit your needs,” and then he selects a truck for Palmer. However, it is a XYZ model that only has a carrying capacity of 3000 pounds (standard for small trucks). The dealer was running an incentive promotion on that truck this month and the salesman was aware that the truck’s capacity was only 3000 pounds. Palmer relies on the salesman’s choice and purchases the truck. Subsequently, the truck breaks down when Palmer attempted to haul a 4000-pound load. Palmer wants to sue the dealership for damage to the truck and lost profits while the truck was out of service and he hopes he will be able to get out of/avoid his obligation to pay for a truck that he really can’t use. What theories are best for Palmer’s lawsuit?

Little Bobby, 5 years old, finds his older brother’s “Extendo Sword,” which is a toy sword that springs from one foot long to five feet long when a button is pushed on the handle. His mother tells Bobby to put the sword down because he will put someone’s eye out if he’s not careful. Bobby pushes the button when the sword is pointed toward his face and, just as all properly functioning “Externo Swords” do, the sword sprang out. Bobby is injured and under product liability, his parents sue the toy store that sold them the toy. Bobby’s parents will most likely:

Singer Yolanda sued record producer Jeremy for alleged sexual assault and battery. The same day that Yolanda filed her Complaint Jeremy sued her, alleging defamation and breach of contract. Jeremy’s lawsuit alleges that Yolanda fabricated her allegations and before any litigation between the parties began, Yolanda threatened to sue him for assault and battery if he did not modify her contract with him to give her an immediate right of termination. Assume that Yolanda’s allegations of assault and battery are false. Which is true regarding her threat to sue?

Dima goes to a garage sale where she finds jewelry for sale. She buys a handful of what appears to be costume jewelry for her daughter to play with. She pays $5 for it. Later, a friend of Dima happens to see the jewelry and discovers that one piece consists of diamonds and is worth about $2,000. Assume the seller of the jewelry never bothered to get an appraisal of the jewelry before putting it up for sale. If the seller of the jewelry sought to rescind this contract, which of the following is true?

Red Owl Stores strongly suggested to the Hoffmans that they give up their current business for the promise of a future Red Owl Stores franchise. Although no franchise contract was ever signed, the Hoffmans terminated their present business and incurred other significant expenses in reasonable anticipation of getting a Red Owl franchise. Ultimately, however, the negotiations broke down and Red Owl repudiated its promise of a future franchise. The Hoffmans brought a lawsuit in hopes of recovering their expenses. The best theory (most likely successful) that the Hoffmans could use is: