Kyle sent Talisha a letter offering to sell Talisha his car. Talisha left the letter on her desk, where her roommate, Maggie, saw it. After reading the letter, Maggie wrote to Kyle and stated that she (Maggie) accepted his offer. Which of the following is true?

On November 1, 1990, Harry Hawk signed an agreement with Wings Aviation for five parachute jumps. He paid $500. The agreement he signed contained the following conspicuous, bold-faced clause: “EXEMPTION FROM LIABILITY [name inserted] exempts and releases Wings [and its officers, agents, servants, employees, or lessors] from any and all liability, claims, demands, actions or causes of action whatever arising out of any damage, loss or injury to [name] while upon the premises of Wings or its aircraft or while participating in any of the activities contemplated by this agreement, when such loss, damage, or injury results from the NEGLIGENCE of Wings, its officers, agents, servants, employees, or lessors.” Harry had to initial the clause. He signed the agreement two months before his 18th birthday. He made one successful jump before his 18th birthday and three successful jumps after his 18th birthday. (Assume 18 is the age of majority for the state law governing the contract.) However, Harry’s fifth and last jump could only be characterized as “less than a success.” Harry’s parachute only partially opened due to the negligence maintenance by Wings and he was severely injured. After the accident, Harry wants to sue and asks you for advice.

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?