PrepTest 122, Section 1, Question 17

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The questionFull text in your LawHub copy of PrepTest 122

Sharon, a noted collector of fine glass, found(89 more words not shown)

Which one of the following(9 more words not shown)

Reading the argument

Sharon paid the price the storekeeper asked. The dispute is over what she didn't tell him.

I can see why the storekeeper is upset: an expert recognized a vase worth at least $1,000 and bought it for $10. But the storekeeper agreed to that sale. Sharon didn't secretly hand over less than the agreed amount or force him to sell. Her advantage was knowing more about the vase's value.

What we’re looking for

The question asks for a principle supporting Sharon's claim that she did nothing wrong. So put our personal reactions aside and find a rule that makes the agreed sale enough. A rule saying buyers needn't disclose what they know about an item's value would help. More broadly, a rule limiting a buyer's duty to paying the agreed price would justify her response if she fulfilled that duty.

Working the answers

  • A

    The roles are backward. Sharon is the buyer who knows something the seller doesn't. A releases a seller from a duty to inform a buyer. It says nothing about Sharon's responsibility to disclose her knowledge to the storekeeper.

  • B

    This concerns whether the buyer actually hands over the amount demanded. Imagine agreeing to pay $10 and quietly giving the seller $9. B would put responsibility for noticing that mismatch on the seller. But Sharon paid the full $10. The issue is the difference between the asking price and the vase's value, not a difference between the asking price and the money paid.

  • C
    Correct

    The buyer's sole obligation is to pay the full price the seller demands. “Sole” matters: it rules out an additional obligation to tell the storekeeper the vase is worth much more. Sharon paid the demanded $10, so she met the only duty this principle assigns her. That supports her claim that she did nothing wrong in the transaction.

  • D

    Sharon isn't complaining that the vase failed to meet her quality standards. She is happy with what she bought. Assigning responsibility for judging quality to the buyer doesn't decide whether a knowledgeable buyer must disclose an item's greater value to the seller.

  • E

    We have no evidence that Sharon and the storekeeper are well acquainted or have a social obligation that overrides their economic relationship. Visiting a shop and buying something doesn't establish that additional relationship. We can't apply this rule without inventing facts.

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