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Mel is under contract with a textbook publisher to write an instructor's manual to
accompany a new textbook. The contract states that the instructor's manual is to be
completed by August 1. On July 1, the publisher calls Mel and asks for an update. Mel
states that he's working hard and making progress. He then states that the August 1
deadline is "doable but it's going to be tough." Based on Mel's statement, the textbook
publisher may claim an anticipatory repudiation and find another author to complete the
project.
Stokes signed a contract to purchase a car from a dealer, Othick, for $15,000. However,
when the contract was examined closely, a decimal point was inadvertently put in and
the contract called for Stokes to get the car for $150. Stokes is attempting to enforce the
contract against Othick for $150. Othick wants the court to change the contract to
$15,000, which he claims is the true intent of the parties. What remedy should Othick
pursue with the court?
George has entered into a contract with Mark to supply raw materials to Mark's factory.
The contract does not contain an anti-delegation clause. George then delegates his duty
to supply the raw materials to Wayne, a competitor of Mark. This is an example of a valid
delegation.
An assignment may be of current and/or future rights.
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,After finishing an internship while a student, Danielle received an offer for employment
as a staff tax accountant for Lincoln, Roosevelt and Reagan, CPAs, to start on August 1st,
after she finished her master’s degree in accountancy. Included in the contract was the
following provision: “This contract shall be cancelled if the prospective employee fails to
pass the CPA exam prior to the start date of employment.” Which of the following types
of conditions is this provision?
Liquidated damages must be directly related to the breach of contract for which they are
compensating the non-breaching party.
If one party to a contract unilaterally alters the contract, the other party may be
discharged from performance due to operation of law.
When parties agree to an accord and satisfaction, the original obligation subject to the
accord is immediately discharged.
Seale Manufacturing and Keen Enterprises entered into a contract for Seale to deliver
500 aircraft parts to Keen in consideration of $50,000. The contract was written and
signed by both parties, but had no provision indicating when the risk of loss passed from
Seale to Keen in the shipment. Which of the following is generally true of this agreement?
Carla’s Cars (CC) and Trixie’s Transmissions (TT) entered into a contract for CC to
purchase transmissions from TT. Certain terms of the contract were incomplete and
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,somewhat ambiguous. Under the UCC, this contract will be allowed to be enforced using
each of the following criteria except the:
The mirror image rule is not enforced under UCC standards.
The United Nations Convention on Contracts for the International Sale of Goods does not
recognize a formal writing requirement similar to the UCC statute of frauds requirement.
Every state has adopted all (or substantially all) of Article 2 of the UCC.
If two companies enter into a sales contract and the shipping terms are omitted from the
agreement, the contract will automatically become a shipping contract.
Shark Knives Outlet entered into a contract where they agreed to purchase all of the
switch knives that Jet Knife Manufacturing could produce for the year 2021. This is a/an
If the seller ships conforming goods, the buyer has a duty to accept them and may not
reject the goods.
While the common law recognizes commercial impracticability as a means to terminate a
contract, the UCC rejects and does not recognize commercial impracticability.
Laws that impose liability on liquor stores and bars are called ________ laws.
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, Regarding defamation, a qualified privilege exists in courtrooms and legislative hearings.
Dirk is the delivery driver for Papa Pepperoni’s Pizza. On a delivery he spotted Marvin, his
main competition for the affections of his girlfriend Jolene. He accelerated his truck and
hit Marvin, breaking both his legs. Under these circumstances, this is
Employers, in some states, enjoy an absolute privilege when giving employment
references as long as the reference is factual and without malice.
Lost revenue or profits, whether actual or potential, are called ________ harm.
In Palsgraf v. Long Island Railroad Co., the court first articulated and established the
concept of proximate cause.
CompAmerica (CA), an internet service provider, provided the online platform for
thousands of customers to publish their online content. CA did not edit, review or
reformulate content posted by customers. One of those customers was a rumor website
named Scandalcity, which published several false and defamatory statements about
Roger, a high school principal. These included lies that he had stolen money from his
high school and was selling drugs to students. Roger was fired and sued CA for providing
the platform for these defamatory statements, under the theory that CA was a publisher.
What should be the result of Roger’s lawsuit?
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