1. Sunshine Orange Juice contracts with Manny’s Market to deliver orange juice three times per week on Mondays, Wednesdays, and Fridays. Sunshine soon realizes this is a big commitment since Manny’s is a little ways out of town. After a couple of weeks, Sunshine delivers only on Monday and Wednesday. Manny calls Sunshine when the Friday shipment does not come. Sunshine says Manny will have to pay an extra $50 per week for Friday deliveries. Manny agrees because he has to have an orange juice shipment for the weekend. Which is correct?
The contract is unenforceable because Sunshine had a preexisting duty.
The contract is unenforceable because Sunshine rescinded the old contract.
The contract is enforceable because Manny agreed to it.
The contract is enforceable because there was new consideration given.
2. Valerie etered into a written agreement to sell a parcel of land to Brian for $50,000. At the time the agreement was executed, Valerie had consumed a large amount of alcohol that significantly impaired her ability to understand the nature and terms of the contract. Valerie, now completely sober, wishes to avoid the contract. The contract is:
Void.
Legally binding on both parties in the absence of fraud or undue influence.
Voidable at Valerie’s option.
Voidable at Valerie’s option only if the intoxication was involuntary.