AIC 301 - Expanding Your Claims Perspective
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Emilia's state hired Emilia, a musician, to create a theme D. Emilia must be paid in cash, and the song must be at least 30 seconds long.
song for the state's public school system. Two disputes
between the parties eventually led them to court. First, Emilia must be paid in cash, and the song must be at least 30 seconds long.
the contract called for Emilia to be paid $12,000, but the Words prevail over numbers.
state actually paid Emilia in bonds worth $12,000. Second,
the contract was unclear about the length of the theme
song. It said that the song had to be "of length no less
than thirty (60) seconds," and the parties could not agree
whether 30 seconds or 60 seconds was correct. Using
the established guidelines of contract construction,
which one of the following is the court most likely to
determine?
Select one:
A. Emilia must be paid in cash, and the song must be at
least 60 seconds long.
B. Emilia can be paid in bonds, and the song must be at
least 60 seconds long.
C. Emilia can be paid in bonds, and the song must be at
least 30 seconds long.
D. Emilia must be paid in cash, and the song must be at
least 30 seconds long.
In general, if a party assigns rights and delegates D. Both the assignee and the assignor.
obligations to an assignee, but a third party to the
contract has a defense against the assignor, the third If a party assigns rights and delegates obligations to an assignee, but a third party
party can assert that same defense against has a defense against the assignor, the third party can assert that same defense
Select one: against both the assignee and the assignor.
A. The assignee only.
B. The assignor only.
C. Either the assignee or the assignor, but not both.
D. Both the assignee and the assignor.
, Forest has contracted with a hat company, Company X, to C. Performance by Forest became objectively impossible.
buy hats so that he can supply 500 hats of a specific type,
made only by Company X, to Company Z. Just one day Performance by Forest became objectively impossible because Forest cannot
before the delivery date, Forest learns that Company X conceivably perform (provide the specifically required hats). Impracticability
has gone out of business and he will therefore not be concerns excusing performance that is possible but unreasonably difficult.
able to supply the hats to Company Z. Forest cannot find Novation does not apply, as it is the substitution of a contractual party.
the specified hats elsewhere in the marketplace, either.
Company Z has sued Forest for breach of contract.
Forest's duty to perform will be discharged because
Select one:
A. Forest could substitute a product of like kind and
quality.
B. Forest could get a novation of his contract with
Company Z.
C. Performance by Forest became objectively impossible.
D. Performance by Forest became impracticable.
In a contract for 1,000 loaves of bread, grocer Andy B. Handwriting prevails over typewriting.
wrote out the words "one thousand" but typed in the
number 100. The supplier delivered 100 loaves which When the parties have made typewritten or handwritten changes in a printed
resulted in a loss of a major customer. Which one of the contract form, the courts apply the rule that handwriting prevails over typewriting
following priorities will apply in this case? as the first priority. This is a typographical error and therefore handwriting will
Select one: prevail over typewriting.
A. Words prevail over printing.
B. Handwriting prevails over typewriting.
C. Printing prevails over handwriting.
D. Figures prevail over words.
Ray sells a schooner to Catherine. The bill of sale D. Will not include the letter because the letter cannot be admitted into evidence.
indicates the price of the schooner as well as the make,
model, and year of the boat. Catherine later claims in a The parol evidence rule will prevent the inclusion of the letter Ray wrote prior to
lawsuit that Ray had promised to include communications the sale and the contract will not be modified. The parol evidence rule is based
and computer equipment in the sale, and she attempts to on the assumption that all prior negotiations, conversations, and agreement were
support her claim in court with a letter written by Ray. Ray merged into the final, written contract which became the complete statement of
wrote and signed the letter before the date of the final Ray's and Catherine's intent.
bill of sale, in which he promised to include the claimed
items. Under the parol evidence rule, the contract
Select one:
A. Will be modified to add only the letter written and
signed before the date of the final bill of sale.
B. Includes all documents relating to the sale including
the letter Ray wrote prior to the sale.
C. Will become voidable due to the parol evidence rule.
D. Will not include the letter because the letter cannot be
admitted into evidence.
An assignee's notice of assignment to the obligor on the D. Additional parties who might take subsequent assignments from the assignors.
contract also protects
Select one: Additional parties who might take subsequent assignments from the assignors are
A. All beneficiaries of the assignment. protected by an assignee's notice of assignment to the obligor.
B. Innocent parties indirectly affected by the assignment.
C. Any parties injured by the assignment.
D. Additional parties who might take subsequent
assignments from the assignors.
Save
Students also studied
AIC 301 - final exam prep questions... AIC 301 Quiz/Test Study AIC 301 AIC 30
50 terms 37 terms 235 terms 645 term
knowltot__ Preview Lauren_Yanez8 Preview Ryan_Miller6721 Preview kell
Emilia's state hired Emilia, a musician, to create a theme D. Emilia must be paid in cash, and the song must be at least 30 seconds long.
song for the state's public school system. Two disputes
between the parties eventually led them to court. First, Emilia must be paid in cash, and the song must be at least 30 seconds long.
the contract called for Emilia to be paid $12,000, but the Words prevail over numbers.
state actually paid Emilia in bonds worth $12,000. Second,
the contract was unclear about the length of the theme
song. It said that the song had to be "of length no less
than thirty (60) seconds," and the parties could not agree
whether 30 seconds or 60 seconds was correct. Using
the established guidelines of contract construction,
which one of the following is the court most likely to
determine?
Select one:
A. Emilia must be paid in cash, and the song must be at
least 60 seconds long.
B. Emilia can be paid in bonds, and the song must be at
least 60 seconds long.
C. Emilia can be paid in bonds, and the song must be at
least 30 seconds long.
D. Emilia must be paid in cash, and the song must be at
least 30 seconds long.
In general, if a party assigns rights and delegates D. Both the assignee and the assignor.
obligations to an assignee, but a third party to the
contract has a defense against the assignor, the third If a party assigns rights and delegates obligations to an assignee, but a third party
party can assert that same defense against has a defense against the assignor, the third party can assert that same defense
Select one: against both the assignee and the assignor.
A. The assignee only.
B. The assignor only.
C. Either the assignee or the assignor, but not both.
D. Both the assignee and the assignor.
, Forest has contracted with a hat company, Company X, to C. Performance by Forest became objectively impossible.
buy hats so that he can supply 500 hats of a specific type,
made only by Company X, to Company Z. Just one day Performance by Forest became objectively impossible because Forest cannot
before the delivery date, Forest learns that Company X conceivably perform (provide the specifically required hats). Impracticability
has gone out of business and he will therefore not be concerns excusing performance that is possible but unreasonably difficult.
able to supply the hats to Company Z. Forest cannot find Novation does not apply, as it is the substitution of a contractual party.
the specified hats elsewhere in the marketplace, either.
Company Z has sued Forest for breach of contract.
Forest's duty to perform will be discharged because
Select one:
A. Forest could substitute a product of like kind and
quality.
B. Forest could get a novation of his contract with
Company Z.
C. Performance by Forest became objectively impossible.
D. Performance by Forest became impracticable.
In a contract for 1,000 loaves of bread, grocer Andy B. Handwriting prevails over typewriting.
wrote out the words "one thousand" but typed in the
number 100. The supplier delivered 100 loaves which When the parties have made typewritten or handwritten changes in a printed
resulted in a loss of a major customer. Which one of the contract form, the courts apply the rule that handwriting prevails over typewriting
following priorities will apply in this case? as the first priority. This is a typographical error and therefore handwriting will
Select one: prevail over typewriting.
A. Words prevail over printing.
B. Handwriting prevails over typewriting.
C. Printing prevails over handwriting.
D. Figures prevail over words.
Ray sells a schooner to Catherine. The bill of sale D. Will not include the letter because the letter cannot be admitted into evidence.
indicates the price of the schooner as well as the make,
model, and year of the boat. Catherine later claims in a The parol evidence rule will prevent the inclusion of the letter Ray wrote prior to
lawsuit that Ray had promised to include communications the sale and the contract will not be modified. The parol evidence rule is based
and computer equipment in the sale, and she attempts to on the assumption that all prior negotiations, conversations, and agreement were
support her claim in court with a letter written by Ray. Ray merged into the final, written contract which became the complete statement of
wrote and signed the letter before the date of the final Ray's and Catherine's intent.
bill of sale, in which he promised to include the claimed
items. Under the parol evidence rule, the contract
Select one:
A. Will be modified to add only the letter written and
signed before the date of the final bill of sale.
B. Includes all documents relating to the sale including
the letter Ray wrote prior to the sale.
C. Will become voidable due to the parol evidence rule.
D. Will not include the letter because the letter cannot be
admitted into evidence.
An assignee's notice of assignment to the obligor on the D. Additional parties who might take subsequent assignments from the assignors.
contract also protects
Select one: Additional parties who might take subsequent assignments from the assignors are
A. All beneficiaries of the assignment. protected by an assignee's notice of assignment to the obligor.
B. Innocent parties indirectly affected by the assignment.
C. Any parties injured by the assignment.
D. Additional parties who might take subsequent
assignments from the assignors.
