USA: +1(669)289-8683 
Sign in
For each assigned case, write an analysis of the issue based on the following criteria:
Identify the parties involved in the case dispute (who is the plaintiff and who is the defendant).
Identify the facts associated with the case and fact patterns.
Develop the appropriate legal issue(s) in question (i.e., the specific legal issue between the two parties).
Provide a judgment on who should win the case – be clear.
Support your decision with an appropriate rule of law.
Be prepared to defend your decision and to objectively evaluate the other points of view.
400
Questions & Problems
innocent
how nandi
6. The personal representatives of the plaintiff’s estate
hired an appraiser to appraise personal property in
preparation for an estate sale. The appraiser told the
representatives that she was no judge of fine art and
that they would have to hire an additional appraiser
if she found any fine art. She did not report finding
any fine art, and relying on her silence, the repre-
sentatives priced and sold two oil paintings at $60.
The defendant came to the estate sale and bought
the paintings. Although he had bought and sold
some art before, he was not an educated purchaser
and had made no more than $55 on any art that he
had previously sold; he had bought many paintings
that ended up being forgeries. He assumed that the
paintings were not originals, given their price and
the fact that professionals were managing the sale,
but he liked the subject matter of one and the frame
of the other. Once home with the paintings, he
compared their signatures to those in a book of
artists’ signatures and thought they looked like
those of Martin Johnson Head. As he had done
with other art, he sent photos of the paintings to
Christie’s in New York, which confirmed the signa-
tures and offered to auction the paintings for him.
The auction netted the defendant $911,000. After
finding out what had happened, the estate sued the
defendant buyer, alleging that the contract should
have been rescinded on grounds of mutual mistake
and unconscionability. The trial court granted sum-
mary judgment in favor of the defendant, and the
plaintiff appealed. How do you think the appellate
court ruled, and why? [Estate of Martha Nelson v.
Carl Rice and Anne Rice, 12 P.3d 238, 2000 LEXIS
APP 159 (2000).]
7. Audrey Vokes was a 51-year-old widow who
wanted to become an “accomplished dancer.”
She was invited to attend a “dance party” at J. P.
Davenports’ School of Dancing, an Arthur Murray
franchise. She subsequently signed up for dance
classes, at which she received elaborate praise.
Her instructor initially sold her eight half-hour
dance lessons for $14.50 each, to be used one each
month. Eventually, after being continually told that
she had excellent potential and that she was devel-
oping into a beautiful dancer-when, in fact, she
Part 2 Contracts
was not developing her dance ability and had no
aptitude for dance-she ended up purchasing a
total of 2,302 hours’ worth of dance lessons for a
total of $31,090.45. When it finally became clear to
Vokes that she was not developing her dance skills,
in part because she had trouble even hearing the
musical beat, she sued Arthur Murray. What would
be the basis of her argument? Her case was initially
dismissed by the trial court. What do you think the
result of her appeal was? [Okes v. Arthur Murray,
212 So. 2d 906 (1968).]
Galehouse
The 10
dan
408
