1. Which scenario is an example of puffery?a. The clerk at the candy store tells Billy the "Jug 'o Jellybeans" contains 1,000 jellybeans. When Billy takes the jug home and counts, he finds that the jug contains only 995 jellybeans. b. A salesperson tells Jinxing that the shiny, chrome-covered motorcycle he is looking at is "the hottest ride on the road." c. Simon threatens to smash the windshield out of Clara's vintage Pontiac GTO unless she agrees to sell itto him. d. Martina purchases a ring from Alison. Both genuinely believe the stone in the ring is an emerald, but Martina later finds out the stone is just cut glass.
X2. An exculpatory clause is generally unenforceable when
3. Duress occurs when
4. Vicki entered into a written contract to buy a car from Valley Motors. During the negotiations, the sales representative said that the car had a two-year full warranty. The written contract included a provision that stated, "This writing is the full and final expression of the parties' agreement; anything said before signing or while signing is irrelevant." The written contract did not include a warranty. Two months after Vicki took delivery of the car, she discovered that the transmission needed to be replaced. Vicki claimed that it was covered by the full warranty. Will Vicki be able to present evidence as to the sales representative's statements concerning the warranty?