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LEGAL EXAM HYPOTHETICAL #2 ­ CONTRACTS:

On Monday, Abel telephoned Baker and entered into an agreement whereby Baker agreed to pay $1000 cash to Abel on Tuesday and Abel agreed to deliver to Baker on Friday title to and possession of Abel's car in "as is" condition. On Tuesday, Baker told Abel that the agreed price was too high for a car with an inoperative radio. Abel thereupon promised to fix the radio as part of their bargain. Baker said "that's more like it" and gave Abel $1000.

On Wednesday, Abel asked Charlie for an estimate on repairing the car radio. Charlie said it would take $75 to restore the radio. Abel said he just wanted the minimum done to get the radio working enough to satisfy his obligation to Baker. Thereupon, Abel and Charlie entered into a valid written contract under which Abel agreed to pay Charlie $40 and Charlie agreed to repair the radio in Abel's car.

Abel then called Baker and told him that Charlie said he couldn't fix the car radio until Friday. Abel said that meant he wouldn't be able to deliver the car until Saturday. Baker said that was all right. On Thursday, Abel and Charlie cancelled their Wednesday contract.

On Saturday, Abel delivered the car and certificate of ownership to Baker. Baker protested that the radio was still inoperative but took the car nevertheless.

What are Baker's rights against Abel and Charlie?

(Issues)