Bar Exam (US) Torts: Each year the Avondale Boy’s Club sponsors a “Baseball Card Bonanza”. Durin...

Question

Each year the Avondale Boy's Club sponsors a "Baseball Card Bonanza". During the threeday event, collectors of baseball cards gather, exchanging and swapping old cards. Marcus and Allen, twelve-year-old youngsters at the bonanza, were looking at each other's cards when they were approached by Cliff , a thirtytwo- year-old collector. Cliff asked the boys if he could look through their baseball cards. The boys nodded affirmatively.

As Cliff was flipping through Marcus' cards, he found a 1948 Tops picture card of Branch Rickey, the former owner of the Brooklyn Dodgers. Cliff , who knew the card was worth over $500, offered Marcus 50 cents for the card. Marcus thought the card had very little value because he knew that Rickey was not a major league baseball player. So Marcus accepted the 50 cents and gave Cliff Rickey's baseball card. The next day Marcus found out that the baseball card was worth $600.

If Marcus asserts a claim against Cliff for deceit, will Marcus prevail?

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    Yes, because Cliff did not disclose the true value of the card.
  2. B
    Correct Answer
    Yes, because Marcus was the true owner of the card and was entitled to the benefit of the bargain.
  3. C
    Correct Answer
    No, because Cliff made no false representations of fact.
  4. D
    Correct Answer
    No, because Marcus was not justified in relying on Cliff 's offer.
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