Simon went shopping for an economy car, but instead got talked into buying a brand new Chevrolet Corvette. Simon did not need the Corvette and did not think he could afford it, but the salesperson was very persistent, constantly saying how youthful and sexy Simon would look cruising around in the car. Simon eventually gave in to the salesperson’s pressure, signed a contract and made a $500.00 deposit. The balance of the purchase price was due after the car was prepped and delivered at the end of the week. When Simon got home, he examined his personal finances and realized that he made a foolish decision. Assume for purposes of this question that no consumer protection statutes would apply to this situation. Simon decides he wants out of the contract. He immediately notifies the dealer that he has changed his mind. The dealer refuses to let Simon out of the contract, so he sues for recission. Which of the following would be the likely result?
1.Simon will obtain the remedy of recission by arguing misrepresentation.
2.Simon will obtain the remedy of recission by arguing undue influence.
3.Simon will obtain the remedy of recission because he changed his mind before the car was made ready for delivery.
4.Simon will obtain the remedy of recission by arguing duress.
5.Simon will not obtain the remedy of recission.
Simon decides he wants out of the contract. He immediately notifies the dealer that he has changed his mind. The dealer refuses to let Simon out of the contract, so he sues for recission, the following would be the likely result:
Explanation
Simon will never obtain the remedy of recission by arguing, undue influence, changed his mind and arguing duress. All these arguments are not effective to obtain the remedy of recission. Only in the certain act of Motor Car, Simon will obtain the remedy of recission.
Simon went shopping for an economy car, but instead got talked into buying a brand new Chevrolet Corvette. Simon did not...