Suggested Time to Complete: 10 minutes
Misrepresentation Defense: Selling Model Airplanes
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Ever since Frank was eight years old, he has been an avid model airplane builder and collector. He is now age seventeen and has been buying and selling model airplanes for the past five years. Gary, a forty-five year old security guard who had never been interested in model airplanes before, saw Frank flying a radio control model airplane one Sunday in a park and decided that he would like to own one. Gary asked Frank if he knew where he could get such a model, and Frank showed Gary an airplane he had in the back of his Land Rover. Although the airplane had a crack in its wing, when Gary asked Frank whether the crack would affect the airplane’s flight, Frank replied that it would have no effect at all.
Actually, Frank knew that the crack probably would interfere substantially with the airplane’s ability to rise, sink or turn in response to the radio signals. Unaware of the significance of the crack, Gary arranged to come by Frank’s house the following Saturday to bring Frank $150 cash and to pick up the model. Frank wrote the terms of their agreement on a scrap of paper he found in his front seat and both parties signed it. A few days later, Gary found out from a co-worker that the cracked wing would probably prevent the airplane from responding to the radio signals to rise, sink or turn.
Assume that Gary called Frank that night and told him that the deal was off. Frank sued Gary for breach of contract. Will Frank prevail?
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Is this contract enforceable? Did one of the parties misrepresent a fact?
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