Practice Quiz

Paralegal

Category - Judgement

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Buyer entered a contract with Seller for the purchase of real estate. In the county records, the land in question is divided into two lots - Parcel 1 and Parcel 2. When the transaction closed, the Seller signed the deed conveying the property believing that she was selling only Parcel 1. She later discovers, however, that the legal description attached to the deed covered both Parcel 1 and Parcel 2. Seller then sues Buyer claiming that the legal description was changed after she signed the deed. This situation is most analogous to which of the following scenarios?
  1. A camping enthusiast purchased a new tent from an outdoor gear retailer. The manufacturer’s label on the tent warranted that the tent could be used in temperatures as low as 30 degrees Fahrenheit, but the tent failed to stay warm in cold weather. The enthusiast sued.
  2. A homeless person trespassed on a landowner’s land and sustained an injury to his leg after encountering a visible and obvious hazard. The homeless person sued the landowner.
  3. A car dealer special ordered a new car from the factory according the buyer’s specifications, including 350 HP engine. After the car arrived and the dealer sold it to the buyer, buyer discovered that the car had only a 300 HP engine. Buyer sues dealer.
  4. A trespasser breaks into an abandoned farmhouse on rancher’s rural property in Nebraska and is injured when a rotted floorboard gives way. The trespasser then sues the rancher.
Explanation
Answer: C - A car dealer special ordered a new car from the factory according the buyer’s specifications, including 350 HP engine. After the car arrived and the dealer sold it to the buyer, buyer discovered that the car had only a 300 HP engine. Buyer sues dealer. The easiest way to answer this question is to recognize that only the situation with Seller’s deed and Answer C both involve a contract. The analogy with Answer C is not a perfect analogy, but none of the other answer choices involve a contract-Answer A involves a warranty claim, and Answers B and D involve negligence claims arising from property.
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