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Posted by Jyoti on July 01, 19104 at 23:55:17:
I was wondering if you could help me out on the following two questions...
#1) Lalene agreed to purchase a specific vehicle from Ritooria Motors. Under the terms of that contract, Lalene immediately provided a cheque for $10 000 and promised to pay another $15 000 within one year. Ritooria promised to prepare the car for delivery within one week (for example, by installing a CD player and adding new tires) and to call Lalene when the work was done. Ritooria cashed the cheque the next day and prepared the car as promised within one week. Shortly before it contacted Lalene, however, the car was struck by lightning and completely destroyed. Unfortunately, neither party had insurance on the car. Ritooria insists that it is still entitled to receive another $15 000 from Lalene. She, in contrast, insists that she is entitled to a refund of the $10 000 that she previously paid. Which party is probably correct?
#2) In 1824 Justice Burrough said, "Public policy ... is a very unruly horse and once you get astride it you never know where it will carry you." In 1971, Lord Denning MR said that with a good judge "in the saddle, the unruly horse can be kept in control. It can jump over obstacles. It can leap the fences put up by fictions and come up on the side of justice." Explain what each judge meant in the above quote. State which judge, in your opinion, is correct. Substantiate your answer with a brief discussion of the relevant concepts from the text. For the purposes of this question, asume that legal concepts such as “unconscionable transactions” and “duress” are also forms of “public policy”).