Question
1. A contract between Buyer and Seller contains the following provision: Buyer has the right to delivery of all ordered Merchandise within five business days
1. A contract between Buyer and Seller contains the following provision:
Buyer has the right to delivery of all ordered Merchandise within five business days of placing the order.
Which of the following rewrites of that provision best states it as a covenant obligation?
Seller may deliver all ordered Merchandise within five business days of placing the order.
Buyer will have received all ordered Merchandise within five business days of placing the order.
Buyer shall receive all ordered Merchandise within five business days of placing the order.
Seller shall deliver all ordered Merchandise within five business days of placing the order.
3. Which one of the following contract provisions, if breached, allows for the non-breaching party to recover expectancy damages and does not require the non-breaching party to prove reliance?
right
representation
declaration
warranty
5 .A contract contains the following provision:
If Buyer's credit rating (as determined by Standard & Poors) reaches BBB or lower, then Buyer shall make all purchase payments to Seller before the scheduled delivery date instead of within 30 days after delivery.
Which of the following contract-concept terms best describes the provision?
unconditional covenant
condition to an obligation
condition to a declaration
condition to discretionary authority
7 .Consider the underlined phrases in the following sentence:
If it is fact that the defendant's accounting records would reveal the fraud, then it goes without saying that the records are highly probative in the within lawsuit.
Which of the underlined phrases are word-wasting exressions that could be edited down without losing meaning from the sentence?
in the within lawsuit
would reveal the fraud
records are highly probative
it goes without saying that
it is a fact that
9. Select all of the following sentences that demonstrate the use ofpassive voicestructure, a writing form we hope to use very little in our legal writing.
The union filed a complaint.
Our conclusion is supported by the best scientists.
The trial judge will deny the defendant's motion.
The statute was enacted last year.
A financial aid application must be completed by the deadline.
10. Consider the following sentence:
A term by implication in every contract is that the parties have a duty of good faith and fair dealing, and parties should act in compliance with this duty.
Identify all of the underlined terms that arenominalizations (base verbs that have been converted to a noun form), that result in wordier writing.
duty
compliance
parties
contract
implication
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