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lwpat
lwpat, Attorney
Category: Business Law
Satisfied Customers: 25384
Experience:  Attorney with over 35 years of business experience.
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On Tims eighteenth birthday, he decides that he no longer

Customer Question

On Tim's eighteenth birthday, he decides that he no longer wants to keep a car he bought from Woody's Autos, Inc., when he was seventeen. His right to disaffirm the deal will depend on

a. the car's condition when Tim bought it.
b. the car's current condition.
c. whether Tim acts within a reasonable period of time.
d. whether Woody's has the right to disaffirm.
Smitty enters into an illegal bargain with Taylor. Smitty can enforce the contract or recover for its value if he has been induced to enter into the bargain as a result of

a. fraud.
b. his desire to obtain the object of the deal.
c. a persuasive "sell" by Taylor.
d. his belief that Taylor would do right by him.
Cross-Country Trucking Company contracts with Baldwin to transport crated goods to a certain destination for $5,000. Cross-Country delivers the crates, but Baldwin does not pay. Cross-Country learns that the crates contained stolen goods. Cross-Country can
Danton, a popular performer, dies. His spouse Caitlin sells their house to Buck. Unknown to Caitlin or Buck, in one of the closets is the master recording of an unreleased album. With respect to this recording, Buck can

a. keep it because Caitlin should have known about it.
b. keep it because the sale of a house includes everything in it.
c. not keep it because there was no voluntary consent to its sale.
d. not keep it because the sale of a house includes nothing in it.
a. do nothing with respect to the contract.
b. recover $5,000 from Baldwin.
c. recover the goods but not the $5,000 from Baldwin.
d. recover the goods or the $5,000 from Baldwin.
Sylvia creates a profile for Today's Date, Inc., an online dating service. She exaggerates her appealing features and posts a photo of her friend Uva, whom Sylvia thinks is prettier. Enticed by the profile, Van subscribes to the service so that he can contact Sylvia. Van is most likely a victim of

a. undue influence.
b. fraud.
c. mistake.
d. nothing.
Flip, an accountant, certifies an audit for Erstwhile Corporation, Flip's client, knowing that Erstwhile will use the audit to obtain a loan from Deepwater Bank. Flip believes that the audit is true and does not intend to deceive the bank, but does not check the audit before certifying it.

Refer to Fact Pattern 14-3A. On learning the truth, Deepwater's chief loan officer confronts Flip, who says, "I didn't know." This is

a. a mistake of value.
b. innocent misrepresentation.
c. negligent misrepresentation.
d. unconscionable.
Sam uses duress to force Tanya to agree to pay him for protecting her retail storeTanya's Trendsagainst vandalism and destruction. Tanya may

a. avoid the contract or choose to carry it out.
b. do nothing once she has agreed to pay.
c. recover from her insurer for the cost
d. recover from the local police for a failure to protect her store.
Veronica offers to sell Rowena her luxury sedan and says that it has never been in an accident. Rowena hires Laszlo, a mechanic, to appraise the vehicle. Laszlo says that it most likely has been in an accident. In spite of this information, Rowena buys the car. Later, when it develops mechanical problems, she can

a. not rescind the contract.
b. rescind the contract on the basis of fraud.
c. rescind the contract on the basis of mistake.
d. rescind the contract on the basis of unconscionability.
Radford and Serenity sign a written contract for the sale of Rad's Coffee & Bagels business to Serenity. The parties intend their written contract to be a final statement of the terms of their agreement.

Refer to Fact Pattern 15-2A. Serenity later disputes some of the provisions in the deal with Radford. If the dispute results in litigation, a court will most likely exclude evidence that

a. buttresses the written terms.
b. contradicts the written terms.
c. duplicates the written terms.
d. reinforces the written terms.
Joaquin wants to transfer his right to the payment of his wages under an employment contract with Free-Flo Plumbing Company to Inez. In most states, this transfer

a. is prohibited.
b. may be oral or written.
c. must be implied.
d. must be in writing.
Peri, a world famous musician and composer, agrees to give ten piano lessons to Quinn in exchange for $1,000. Peri's attempt to transfer her contract duties to Roth, an inexperienced pianist, will probably be

a. permitted because contracts may be freely delegated.
b. permitted because the contract is concerned with music lessons.
c. prohibited because contracts may not be freely delegated.
d. prohibited because Peri and Roth have very different skill levels.
Real Cheap Painters, Inc., agrees to paint Quint's house, using a particular brand of "discount" paint. Real Cheap completes the job but uses a different brand of discounted paint. This is most likely

a. an absolute excuse for Quint's refusal to pay.
b. a material breach.
c. complete performance.
d. substantial performance.
Submitted: 1 year ago.
Category: Business Law
Expert:  lwpat replied 1 year ago.
Thanks for using JA. I will do my best to answer your questions. DON’T FORGET the your deposit is not used to compensate me until you rate my service.

c. whether Tim acts within a reasonable period of time.

a. fraud.

c. not keep it because there was no voluntary consent to its sale

b. recover $5,000 from Baldwin.

d. nothing.

c. negligent misrepresentation.

a. avoid the contract or choose to carry it out.

a. not rescind the contract.

b. contradicts the written terms.

d. must be in writing.

d. prohibited because Peri and Roth have very different skill levels.

d. substantial performance.
lwpat, Attorney
Category: Business Law
Satisfied Customers: 25384
Experience: Attorney with over 35 years of business experience.
lwpat and 3 other Business Law Specialists are ready to help you
Customer: replied 1 year ago.

Phil agrees to work for Vacation Resorts, Inc., as a chef. In determining whether a contract has been formed, an element of prime importance is
a. the parties' intent.
b. Phil's rate of pay.
c. the duration of the work.
d. Vacation Resorts's facilities.


 


Opie offers to sell his guitar to Pinky for $100. Pinky agrees. They complete and sign a printed form, and Pinky gives Opie a check for the price. This check is
a. a formal contract.
b. an informal contract.
c. a simple contract.
d. no contract.


 


Alan offers to transfer Beth's DVDs to digital flash drives for $150 plus the cost of the drives. The mailbox rule will not apply if Beth accepts the offer by
a. e-mail.
b. messenger.
c. regular mail.
d. telegram.


 


Jesse defends against a breach-of-contract suit by College Credit Corporation by claiming that their deal¾a student loan accruing interest at a certain rate and payable beginning on a certain date¾was unfair because the consideration for their contract was inadequate.

Refer to Fact Pattern 12-1A. A court is most likely to evaluate the adequacy of consideration if
a. a thing exchanged has no intangible value to one of the parties.
b. something exchanged is not of direct economic or financial value.
c. the items exchanged were of unequal value.
d. there is a gross disparity in the value of the consideration exchanged.


 


Jenna, a minor acting on her own, signs a contract to buy a horse and its tack from Field Equine Ranch. Later, after taking possession of the horse and tack, Jenna disaffirms the deal. She
a. can keep the horse and the tack.
b. can keep the horse but not the tack.
c. can keep the tack but not the horse.
d. must return both the horse and the tack.


 


Commercial Construction, Inc. (CCI), contracts to build a store for Rita's Pizza Company with Rita's payment due on June 1. On June 1, Rita's bank is closed, and for this reason, Rita's claims it cannot pay on time. In this situation
a. CCI is in breach of contract.
b. Rita's is in breach of contract.
c. the contract is discharged.
d. the contract is suspended.


 


Consumer Credit Union pays Derby $10,000 to design an ad campaign. The next day, Derby tells the credit union that he has accepted a job in Boston and cannot design the campaign. As compensatory damages, the credit union can recover
a. $100,000.
b. $10,000.
c. $1,000.
d. $0.


 


Fidelio Corporation enters into a contract with Equi Insurance, Inc., to obtain health insurance for Fidelio employees. Equi breaches the contract. If Fidelio is awarded compensatory damages, the purpose would be to
a. establish, as a matter of principle, that Equi acted wrongfully.
b. provide Fidelio with funds for a foreseeable loss beyond the contract.
c. provide Fidelio with funds for its loss of the bargain.
d. punish Equi and set an example to deter others from similar acts.


 


Dondi contracts to buy a custom espresso maker from Caffee Specialties, Inc., for $4,500, but Caffee fails to deliver. Dondi buys the appliance elsewhere for $5,500. Dondi's measure of damages is
a. $1,000.
b. $1,000 plus incidental damages.
c. incidental damages only.
d. $0.


 


Damon contracts to repair the turf on a soccer field for Carousel Sports Park. Damon knows that without the repair, Carousel will have to cancel an upcoming game. Damon does not perform as promised. As consequential damages, Carousel can recover
a. the cost of new turf.
b. the difference between Damon's price and the actual cost of repair.
c. the loss of profit from the canceled game.
d. nothing.


 


Karif orally agrees to buy a unique collection of sports memorabilia for $1,000 from Jane and sends her $250 as a down payment. When Karif sends her the rest of the price, Jane refuses to ship the collection. Karif should seek
a. damages.
b. reformation.
c. rescission.
d. specific performance


 


Clear Creek Corporation enters into a contract with Brightside Management Associates to manage and maintain Clear Creek's apartment complex. Their contract provides that neither party can recover damages for a non-fraudulent or unintentional breach. This is
a. a limitation-of-liability clause.
b. an exculpatory clause.
c. a liquidated damages clause.
d. a quasi contract.


 


Fresh Harvest, Inc., agrees to sell to Gina's Bed & Breakfast Inn a certain amount of locally grown produce each week but no mention is made of where the goods are to be delivered. In general, the UCC requires that the delivery take place at
a. a neutral place of business halfway between the parties' locations.
b. a "reasonable" place of delivery.
c. Fresh Harvest's place of business.
d. Gina's place of business.


 


Valley Farms offers to sell Whole Harvest Bakeries, Inc., five hundred bushels of wheat. Whole Harvest responds, "We agree to buy five hundred bushels only if the wheat is Grade A quality." This statement is
a. a breach.


b. a counteroffer.
c. a confirmation.
d. an acceptance.


 


Olisa enters into a contract to buy a stove from Pay-to-Own Appliance store with the price to be paid in monthly installments. After thirty-six months of payments, Olisa has paid more than twice the price of a similar stove. Eighteen payments remain due under the contract.

Refer to Fact Pattern 19-1A. Under the UCC, the court can evaluate the contract to determine whether it was


unreasonably unfair and one sided
a. at the time it was made.
b. at the end of its term.
c. in the middle of its performance.
d. at the time of Gail's suit.


 


Delicioso Tea Company and Savory Stores, Inc., enter into a contract for a sale of organic tea. The contract includes the term "F.O.B. River City," which is Savory's location. This means that the contract is
a. a bill of lading.
b. a destination contract.
c. a shipment contract.
d. a warehouse receipt.


 


Laraby, a representative for Merchandise Shipping Company, delivers a bill of lading to Caitlin, the owner of Dockside Warehouse. A bill of lading is
a. an invoice for payment for loading and carting verified by a seller.
b. an order to ship goods signed by a buyer.
c. a receipt for goods signed by a carrier.
d. a receipt issued by a warehouser for goods in a warehouse.


 


Suki leaves a Update-brand watch at Timepiece Sales & Repair to be fixed. Timepiece sells the watch to Vera, who does not know that the watch belongs to Suki. Suki can recover from
a. no one.
b. Timepiece.
c. Vera.
d. Update


 


Finished Furnishings, Inc., agrees to lease an Oak Top-brand desk to Research Resources, Inc. (RRI), which agrees to pick it up at Streetside Warehouse. Before RRI retrieves the desk, it is stolen. The loss is suffered by
a. Perfect Furnishings.
b. Oak Top.
c. Streetside Warehouse.
d. RRI.


 


Dragonaire Corporation contracts with Excel Trucking Company to take goods to Fly-By Airlines, Inc., with Fly-By to transport the goods to a Geo Storage Company warehouse. Excel, Fly-By, and Geo each acknowledge possession of the goods by a document of title. Excel, Fly-By, and Geo are
a. bailees.
b. consignees.
c. lessees.
d. sellers.


d. Update.


 


Crest Jewelers buys diamonds from Paramount Gems to resell with the right to return the unsold stones in lieu of payment. This is
a. a bailment.
b. a consignment.
c. a sale on approval.
d. a sale or return.


 


Open Road Showroom sells new and used motorcycles. Some of the motorcycles are held on consignment, including six consigned by Pedro Cycles, Inc. Like most consignments, Open Road's deal with Pedro Cycles is
a. a bailment.
b. a sale.
c. a delivery ex-ship.
d. a lease.


 


Screen Perfect, Inc., and Vibrant View Stores enter into a contract for a sale of 3D HD TVs with certain specifications. Screen Perfect ships TVs that are not 3D but otherwise meet the specifications. Vibrant View
a. cannot reject the entire shipment.
b. can reject the entire shipment.
c. must accept the entire shipment.
d. must reject the entire shipment.


 


Pie Sales Corporation orders ReadyMade-brand pies from Savory Foods Company. Savory identifies the goods. Before they are shipped to Pie Sales, an insurable interest in the goods exists in


a. Pie Sales and Savory Foods.
b. ReadyMade and Savory Foods.
c. Pie Sales and ReadyMade.
d. all of the parties as tenants in common.


 


Consuelo and Gabriela enter into a contract for a sale of saxophones and other brass instruments. Consuelo delivers, but Gabriela does not pay. Consuelo can normally recover as damages


a. any profit lost minus any loss avoided.
b. whatever amount the seller wishes to claim.
c. the purchase price plus incidental damages.
d. the market price at the place at which the seller delivered the goods.

Expert:  lwpat replied 1 year ago.
a. the parties' intent.

d. no contract.

b. messenger.

d. there is a gross disparity in the value of the consideration exchanged.

d. must return both the horse and the tack.

b. Rita's is in breach of contract.

b. $10,000.

c. provide Fidelio with funds for its loss of the bargain.

b. $1,000 plus incidental damages.

c. the loss of profit from the canceled game.

d. specific performance

a. a limitation-of-liability clause.

There are really too many questions. If you want to accept this set I will continue.
Customer: replied 1 year ago.

How much will you charge me for those questions? I am a college student. I don't have a lot of money to spend, so I would like to know the price first please.

Expert:  lwpat replied 1 year ago.
I can't tell you since the experts are not privy to that. You would have to contact customer service. I will notify them for you.
Expert:  lwpat replied 1 year ago.
c. Fresh Harvest's place of business.

b. a counteroffer.

a. at the time it was made.

b. a destination contract.

c. a receipt for goods signed by a carrier.

b. Timepiece.

c. Streetside Warehouse.

bailees

d. a sale or return. (best answer)

a. a bailment.

b. can reject the entire shipment.

a. Pie Sales and Savory Foods.

c. the purchase price plus incidental damages.

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