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[Car Trouble] Jennifer Wants to Sell Her Car and Timmy

Question 84

Multiple Choice

[Car Trouble] Jennifer wants to sell her car and Timmy agrees to purchase it. Jennifer and Timmy become involved in an over-the-phone negotiation and settle on a price of $1,000. Jennifer lives three hours from Timmy but agrees to deliver the car to him in his home state and take the bus back, provided Timmy promises to purchase the vehicle. She drives three hours. Upon arrival, Timmy says he will not purchase the vehicle unless Jennifer agrees to go to the dealer, get a second set of $500 SmartKeys, and mail the keys to Timmy within three weeks. Having driven all that way, Jennifer agrees. Timmy gives Jennifer the $1,000, using money he borrowed from Joe and promised to repay. Jennifer accepts the money and leaves. Jennifer never sends Timmy the second set of keys. Timmy later decides the car is worth only $500. He decides not to pay Joe and instead gives the vehicle to Joe, explaining his plan. Joe accepts the car and drives away, secretly planning to sue Timmy for the rest of the money. When Timmy is sued by Joe, he makes a claim against Jennifer and claims she should have to compensate him for losses because they never had a valid contract since the car was not worth the $1,000 Jennifer claimed it was.
-If the car is really worth only $500, what is the effect of this lower vehicle value on the contract between Jennifer and Timmy?


A) There is no effect, because the court does not determine if a good or bad deal was made.
B) Promissory estoppel results in the contract being voided because Timmy's promise was based on inaccurate information.
C) The contract is voided because an illusory promise was made by Jennifer based on the illusion that the car was worth more.
D) The effect of the lower vehicle value will depend upon whether the court determines if Timmy entered into a bad or good deal.
E) The court may award Timmy damages because Jennifer entered into a contract under false pretenses and cost him money.

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