Question
1.) Which of the following people would likely be issued an order for specific performance or an injunction, rather than a monetary award? a.)Alicia, an
1.) Which of the following people would likely be issued an order for specific performance or an injunction, rather than a monetary award?
- a.)Alicia, an artist, has a signed contract with one of her patrons that promises them the right of first refusal for any sculpture she completes. When she finishes her latest sculpture, she wants to sell it to another friend for $75,000 instead. The patron sues Alicia for breach of contract.
- b.)Franco hires a builder to build his new house. After a year of construction, Franco moves in and discovers that the workmanship is subpar and many parts of the house violate the building code. Franco sues the builder for breach of contract.
- c.)Teagan owns an appliance store, and he decides to bend his usual store policy by allowing Pierce to buy a new refrigerator with a personal check. When the check bounces and Pierce refuses to pay with cash, Teagan sues Pierce for breach of contract.
- d.)Julie buys a used laptop from a local computer repair shop for $350. When she gets the computer home, she discovers it doesn't work. The shop refuses to repair the computer or refund her money, so Julie sues the shop for breach of contract.
2.) Select the example that isinconsistentwith the provisions of the UCC for contract remedies for a seller's breach of contract.
- a.)A cell phone company specifies in its sales contract that if a product is defective, the buyer's only remedy is to receive a replacement phone.
- b.)The sales contract for an art dealer excludes specific performance as a remedy for non-delivery of items ordered by the buyer, but it does not exclude all remedies.
- c.)An appliance manufacturer's sales contract gives buyers a maximum of six months to raise any concerns relating to breach of contract.
- d.)In its sales contract, an airplane manufacturer eliminates responsibility for consequential damages related to loss of business in the case of a delivery error.
3.) Jackson signs a written contract to purchase a custom sofa for his new home. The custom sofa is designed to fit perfectly in his living room. While the sofa is being built, Jackson notifies the manufacturer that he is insolvent and can no longer fulfill his end of the contract.
What remedy does the manufacturer have in this scenario?
- a.)The manufacturer has no recourse in this scenario, since the buyer is insolvent.
- b.)Assuming that the sofa would be of little or no value on resale to another buyer, the manufacturer should immediately cease production and sue Jackson for the contract price, less any expenses saved by stopping production.
- c.)The manufacturer is obligated to complete production of the sofa and attempt to resell it, but he is entitled to recover any difference between the resale price and the price he contracted with Jackson.
- d.)The manufacturer must put the sofa up for sale at auction, and he must share the additional profits with Jackson if the sofa sells for more than the originally-contracted price.
4.) Cynthia orders 100 shirts in a variety of colors for her screenprinting business from Juan, a shirt supplier. When Cynthia receives the shirts, she sees that they are not the same brand that she ordered. Nevertheless, she accepts delivery. Within a couple of weeks, Cynthia notices that the stitching on half of the shirts is unraveling, rendering the shirts unsellable to her customers. She had no indication that the shirts had defective stitching when she accepted delivery.
What remedy does Cynthia have in this scenario?
- a.)Since Cynthia accepted delivery of non-conforming goods, she has no recourse in this scenario.
- b.)Regardless of whether Cynthia notified Juan of her acceptance of non-conforming goods, she can recover what she paid for the shirts since they are of inferior quality from what she contracted for.
- c.)If Cynthia notified Juan of her acceptance of non-conforming goods, she can recover what she paid for the shirts, since she will not be able to resell them.
- d.)Cynthia may obtain specific performance from Juan, since high-quality shirts are necessary to her business.
5.) The test of whether damages claimed for breach of contract are "foreseeable" is whether __________.
- a.)the amount claimed by the injured party was reasonably fair
- b.)it was reasonably conceivable to the breaching party that a breach of contract might occur
- c.)it was reasonably imaginable to the breaching party that a breach of contract would cause the damages claimed
- d.)the breaching party repudiated a contract in the past and was reasonably likely to do so again
6.) Unlike a crime, a tort __________.
- a.)is a wrongdoing against the community
- b.)is a violation of ethical norms
- c.)is a violation of legal statutes
- d.)is a wrongdoing against a private individual
7.) A young women is walking home at night when a large man jumps out from behind some bushes and verbally threatens her.
Which type of intentional tort does this represent?
a.)Battery only
- b.)Assault only
- c.)This action does not rise to the level of an intentional tort.
- d.)Assault and battery
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