Question

John agrees to buy 37 hard drives from Whitney. If the hard drives have less capacity than Whitney believed, what can John do?

1) Enforce the contract
2) Avoid the contract
3) Either enforce or avoid the contract
4) None

Answer 1

John can choose to either enforce the contract and accept the hard drives with less capacity or avoid the contract due to misrepresentation. The decision depends on the specifics of the agreement and applicable law.

Step-by-step explanation:

If John agrees to buy 37 hard drives from Whitney and the hard drives have less capacity than Whitney believed, John has a few options under contract law. The first option is to enforce the contract, meaning John accepts the hard drives as they are and pays the agreed price. The second option is to avoid the contract because a fundamental aspect of the product, its capacity, is not as agreed, which could be considered a breach of contract or misrepresentation. Therefore, depending on the specifics of the agreement and the law applicable, John may have the right to either enforce the contract or avoid the contract and seek remedies such as restitution or damages.