0 out of 5 points
TripleCyl contracts with ManuPow Partners to sell 100
forklift engines at a cost of $2,000each. TripleCyl agrees to
deliver the engines in one installment on April 1. On March
20, TripleCyl delivers
...
0 out of 5 points
TripleCyl contracts with ManuPow Partners to sell 100
forklift engines at a cost of $2,000each. TripleCyl agrees to
deliver the engines in one installment on April 1. On March
20, TripleCyl delivers 98 engines together with a note
stating that the remaining two engines would be delivered
the following day. The next day TripleCyl delivers two
engines. Is ManuPow Partners entitled to reject the
engines? Choose the best answer:
SelectedAnswer:
No, TripleCyl has substantially performed, and substantial
performanceis not breach.
• Question 2
Mandie interviews Carlton for a new job at Mandie’s company. At
the end of the
5 out of 5 points
interview, Mandie offers to hire Carlton on a two-year
contract with a salary of $42,000,plus health insurance.
Carlton asks if he can “sleep on it” and let Mandie know
his answer the next day. Mandie agrees. That night,
Mandie texts Carlton the message: “I just found someone
else for the position, but thanks for interviewing and best
of luck.” Choose the best answer:
SelectedAnswer:
Carlton cannot accept the offer because it was
revoked.
• Question 3
5 out of 5 points
GC Company is a building contractor, performing work for
the Owner of a construction project. The contract between
GC Company and Owner provides that there will be six
phases of work. Further it provides that at the end of each
phase of work, GC Company should submit its request for
payment to Owner’s architect. Once the architect approves
the work performed, GC Company is entitled to payment of
1/6 of the total contract price. GC Company performs work
on phases 1, 2, 3, 4, and 5, and the Owner pays for the
work despite the fact that GC Company never submitted its
requests for payment to the architect and never got the
architect’s approval of the work. When GC Company
submits its request for the sixth and final payment, the
Owner refuses to pay it on the grounds that GC Company
has never submitted it, or any other request for payment,
to the architect. What is GC Company’s most likely
argument that it is entitled to payment?
SelectedAnswer:
Owner has waived the right to insist on strict compliance
with thecondition that was included in the contract.
• Question 4
5 out of 5 points
Drain Clean Solution, Inc. (DCS) cleans industrial drainage
systems. DCS contracts with Big Motor Co. (BMC) to clean
the water drainage systems around its large manufacturing
facility. DCS agrees to charge $15,000 for its services. It
costs DCS $12,000 to perform the work. The fair market
value of the work to BMC is $13,000. After the work is
performed, BMC does not pay DCS. Choose the best answer:
SelectedAnswer:
If DCS is awarded $12,000, that amount represents
DCS’sreliance interest.
• Question 5
5 out of 5 points
Apples Co. sells apples. Apples are readily available in the
marketplace. Beta Co. operates a large retail fruit market.
Apples contracts to sell 30 bushels of apples to BetaCo.
and deliver them on November 20. On November 1, Apples
Co. tells Beta Co. that it will not deliver any apples to Beta
Co. Choose the best answer:
SelectedAnswer:
If Beta Co. buys apples from another seller at a price that is
$300 morethan the contract price between Apples Co. and
Beta Co., Beta Co. will recover $300 from Apples Co.
• Question 6
5 out of 5 points
Allen is hiring a computer database designer to help his
law firm design a custom clientmanagement database. He
interviews Megan for the job, and would like to hire her.
He needs someone who will be able to start work right
away, and it is important that the new hire sign his
confidentiality agreement so that confidentiality of client
information will be preserved when the database is
designed. Allen locates a form called “employment
agreement,” which includes a confidentiality agreement,
and mails it to Megan. The cover letter enclosing the
agreement indicates that Megan “must sign this agreement
without making any changes to it and hand-deliver it to my
secretary on or before June 1.” Choose the best answer:
SelectedAnswer:
Allen can require that Megan hand-deliver the letter to his
secretarybecause he, as offeror, can dictate how it is
accepted.
• Question 7
5 out of 5 points
Blue Studio (Blue) contracts with Derrick Teal (Teal) for
Teal to lease Blue’s recording studio to record Teal’s series
of 12 podcasts. The recording session is scheduled to take
place on December 12. On December 11, the building
where Blue’s studio is located is destroyed by a flood.
What is the most likely outcome?
SelectedAnswer:
Blue will have a defense of impracticability that will excuse its
inability tomake a studio available to T
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