Mike and Jill Enter into a Written Contract for the Lease

question 69

Multiple Choice

Mike and Jill enter into a written contract for the lease of a car.Jill has leased cars from Mike on two previous occasions.The lease states "the car may be driven for a reasonable number of miles each year and there may be a surcharge for excessive mileage." At the end of the lease,which last for two years,Jill has put 100,000 miles on the car.Mike charges Jill a surcharge and Jill refuses to pay because she does not believe that 100,000 miles in two years is excessive.What will the Court consider first,in determining what the lease meant by "reasonable number of miles"?

• A) Any oral or written statements made by Mike or Jill regarding the meaning of "reasonable number of miles."
• B) The fact that in the first year, Jill brought the car to Mike for an oil change, the car had 60,000 miles at the time and Mike did not complain.
• C) The fact that in the past Jill has driven the other leased cars for 100,000 miles without being charged.
• D) The fact that in the car leasing business, "reasonable number of miles" usually means 30,000 miles a year.
• E) The fact that Mike charges all of his customers a surcharge when they drive more than 20,000 miles each year.

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Definitions:

Tube Feeding

A medical procedure to provide nutrition to patients who cannot eat by mouth, using a tube inserted into the stomach or intestine.

Thermometer

An instrument used to measure temperature.

Manipulate

To handle or control in a skillful manner, often used in the context of therapy or in a derogatory sense to indicate deceitful control.

Actual Temperature

The precise or measured temperature of an object, environment, or organism at any given time.