Asked by Kelley Mcbride on Jul 22, 2024
Verified
Scheming Friends.Willy very much wants to rent a basement apartment in Weaver's home.Willy threatens to tell all Weaver's friends that he and Weaver had been arrested for illegally smoking marijuana unless Weaver rents the apartment to him for $100 per month.Weaver reluctantly agrees to rent the apartment to Willy for that amount.Willy also wants to buy Weaver's car.Weaver runs back the odometer on the car before Willy test-drives it.Willy is impressed by the low mileage and agrees to buy the car.Finally,Weaver offers to sell Willy a ring for Willy's fiancée.Weaver tells Willy that the ring is a diamond and believes that to be true.After the deal is made,however,a jeweler friend of Weaver's informs him that the ring is a fake.When Willy shows up with the money,Weaver says nothing.He just hands Willy the ring and takes the money.Later,Willy finds out that the odometer was run backwards from another friend to whom Weaver confided.Willy also finds out from his girlfriend that the ring is a fake.Which of the following would be the most likely result if Weaver attempts to rescind the agreement to rent the apartment?
A) He will be able to rescind the agreement based upon Willy's extortion.
B) He will be able to rescind the agreement based upon the threat to Willy's economic interests.
C) He will be able to rescind the contract because of a misrepresentation.
D) He will not be able to rescind the contract because he agreed to it.
E) He will not be able to rescind the agreement unless he can show that he was not actually convicted of the crime alleged.
Extortion
The practice of obtaining something, especially money, through force or threats.
Rescind Agreement
To legally cancel or revoke an agreement, usually due to issues such as fraud, mistake, or breach of contract.
Economic Interests
Economic interests refer to the financial stakes or concerns that individuals, companies, or countries have in the outcome of a specific transaction, policy, or economic activity.
- Discern between the legal principles of duress, undue influence, unilateral mistakes, and mutual mistakes, and understand their implications for contract legality.
Verified Answer
AC
Angeles ContrerasJul 23, 2024
Final Answer :
A
Explanation :
Duress is found when one party was forced into the agreement by the wrongful act of another party.For example,duress occurs when one party commits extortion to gain consent to a contract.If one party commits extortion to gain consent to a contract,such an illegal demand would trigger a successful request for contract rescission.
Learning Objectives
- Discern between the legal principles of duress, undue influence, unilateral mistakes, and mutual mistakes, and understand their implications for contract legality.