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Question
On the first day of class, Jane's history professor passes around a blank sheet of paper claiming that she had not yet received the official class roster. All 21 students in the room sign it. That night, she types on the bottom of the roster sheet, "We, the above-signed parties, hereby promise to pay to the order of professor, $50,000 on demand." A month later, when the class pools their money and buys a winning lottery ticket worth $100,000, the professor presents the instrument and demands her money. Which of the following statements is true?
A. The professor is guilty of a misrepresentation because she knowingly said it was a roster sheet, not a potential negotiable instrument.
B. The professor is guilty of undue influence because she induced the students to sign the sheet by virtue of her superior position as the professor.
C. The professor is guilty of a fraud in the execution because she took advantage of her students' trust in her and intentionally said it was a roster sheet.
D. The professor is guilty of causing economic duress because she could have had any student who failed to sign the sheet removed from the class with tuition and other monetary implications arising; so students were forced to sign.
Answer
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