Answer this question based on the following fact situation: Blair struck a deal with Sam via email to buy Sam’s used iPhone Pro Max (latest model) for $900. Sam had been given the phone as a gift from his daughter who had bought it new, used it for a month, and decided she did not like it. Prior to striking the deal, Blair asked Sam whether the phone had its original screen. Sam responded truthfully, “as far as I know, it does.” Blair then venmoed Sam $900, and Sam shipped Blair the phone. Soon thereafter, Blair discovered that the screen had been replaced. Assume instead that Blair seeks to void the contract by arguing unilateral mistake with respect to screen status. Which of the following is Sam’s best defense?

ToysRUs needed to purchase 500,000 Fidget Spinners before the holiday season. ToysRUs contracted in writing with Spinnerx to purchase 500,000 Fidget Spinners for $3,000,000. The day the contract was signed, ToysRUs sent Spinnerx its first installment of $1,000,000. Three weeks before the shipment of Fidget Spinners was to be delivered, the Spinnerx board of directors initiated a takeover, firing the CEO in the process. The new Spinnerx management disliked ToysRUs and decided to keep the $1,000,000 and not ship any Fidget Spinners. In a rush to meet holiday demand, ToysRUs had to purchase 500,000 spinners for $5,000,000. What amount of damages would ToysRUs likely be awarded for Spinnerx’s breach?

A temperamental musician was highly sought after in the Tucson area for playing at weddings. A couple contracted with the musician to play at their wedding on Mt. Lemmon. In the written agreement, the musician included two conditions for him playing at the wedding: there must be zero snow anywhere on the mountain, and the wedding party must provide Bose brand speakers capable of producing 1.21 gigawatts of amperage. On the day of the wedding, the musician arrived an hour early to make sure his conditions were met. On his drive up, he saw no snow, and when he inspected the speakers, they met his specifications. Satisfied, he began setting up his equipment. Twenty minutes before the wedding, the musician found a snow drift on the north side of an outhouse. Outraged, he packed his things and drove back home. The couple, angry that they had no wedding music, sued the musician for breach of contract. What is the likely result?

On March 1st, a construction company and a contractor agreed in writing that the contractor would purchase a steam roller for $45,000. Three weeks before the deal was set to close, the contractor found a seller of essentially the same steam roller who was willing to sell it for $40,000. Thus, the contractor bought that steam roller and refused to pay the construction company. To offload the steam roller, the construction company, in a commercially reasonable manner and in good faith, set up a public auction for the steam roller, selling it for $35,000. On March 1st, the market price of the construction company’s steam roller was $42,000. If the construction company wins in court on a breach of contract claim against the contractor, what is the court likely to award the company?

Susan purchases a water heater from a large retailer. The sales contract includes a clause stating that the water heater is sold “with all faults.” The water heater works initially but begins leaking after six months. Susan contacts the manufacturer, who refuses to repair it, citing the “with all faults” language. Susan sues, arguing that the water heater was not merchantable. Does Susan have a viable claim for breach of the implied warranty of merchantability?

A trier of fact may consider any relevant extrinsic evidence in determining the meaning of an ambiguous term in a written contract for the sale of real estate.

In Everbank v. Marini (starting on page 545 of the book), Caroline Marini based her argument on Rst. 174 instead of Rst. 175 because:

While perusing a garage sale being held by Bertrand, a furniture salesman, Arias comes across a beautiful dining room table priced at $500. After negotiating the price down to $300, Arias and Bertrand sign the following written agreement:”Arias agrees to buy from Bertrand, and Bertrand agrees to sell to Arias, Bertrand’s dining room table for $300.”Shortly after signing the agreement, Arias notices for the first time a minor scratch on the table, so she asks Bertrand to accept $275 instead of $300 for the table. Bertrand agrees.Later that day when Arias returns with cash and a truck to transport the table, Bertrand tells Arias that he has changed his mind on the price and insists on $300. Is Arias in breach of contract if she does not pay Bertrand $300?

The Ford Maverick, featuring remarkable fuel efficiency and an affordable price, is the most popular hybrid truck in the U.S. Its U.S. sales are booming, and the average retail markup on such sales is 30%. Sjostrom Motors, Inc., a franchised Ford dealer in the U.S., contracted with Tree Hugger to sell him a new Maverick for $35,000 cash, the sale to be consummated after delivery to Sjostrom of the truck, which Sjostrom ordered from Ford specifically for Tree Hugger. When the truck arrived at Sjostrom’s dealership, Tree Hugger repudiated the contract. Sjostrom at once sold the Maverick for $35,000 cash to Meathead, for whom Sjostrom had also ordered from Ford a Maverick identical to the one for Tree Hugger. In an action against Tree Hugger for breach of contract, Sjostrom will probably recover:

As the first step in having a new building built, Alejandro obtained a bid from a demolition company of $25,000 to tear down the existing building on his property. Having only limited cash available, Alejandro asked his rich aunt for a $50,000 loan. After reviewing the plans for the project, Aunt, in a signed writing, promised to make a $50,000 interest free loan to Alejandro repayable over ten years in equal monthly installments. Alejandro promptly accepted the bid to demolish the building, and the demolition company demolished the existing building. Aunt thereafter refused to make the loan. Despite diligent efforts, Alejandro was unable to obtain a loan from any other source. Alejandro then sues Aunt. Which of the following statements is the most correct?