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And question 3-5 and 9-11. Thanks 3.5, Inc. entered into a sales contract with T Corporation. The contract called for S to sell T 110,000

And question 3-5 and 9-11. Thanks

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3.5, Inc. entered into a sales contract with T Corporation. The contract called for S to sell T 110,000 barrels of gasoline per month for six months. 5 was to deliver the gasoline through a pipeline. The first 110,000 barrels were delivered on time. On August 1, S was informed that T was canceling the contract. 5 sued T for breach of contract and sought to recover its lost profits as damages. T admitted its breach but clalmed that lost profits is an inappropriate , measure of damages. Who wins and why? 4. K was a real estate salesman. K sold to D, a general partnership, an apartment building that needed extensive renovation. K represented that he personally had experience in renovation work. During the course of negotiations on a renovation contract, K informed the managing partner of D that he would be forming a corporation to do the work. A contract was executed in August between D and "X Corp. (In Formation), K, President." The contract required the renovation work to be completed by October 15. K immediately subcontracted the work, but the renovation was not completed on time. D also found that the work that was completed was of poor quality. K did not file the articles of incorporation for his new corporation until November 1. The partners of D sued K to hold him liable for the renovation contacts. K denied personal liability? Is K personally liable? Why or why not? 5. H ran a night club. The business was incorporated, with H as the corporation's sole shareholder. The corporation leased the premises in which the club was located. H hired B as vice president of the corporation and given 10 percent of its stock. H experienced health problems and moved away, leaving B to manage the daily affairs of the business. Four years later, the ownership of the building where the club was located changed hands. Shortly thereafter, the club's lease on the premises expired. H instructed B to negotiate a new lease. B arranged a monthto-month lease but had the lease agreement drawn up in his name instead of that of the corporation. When H learned of B's move, he fired him. B continued to lease the building in his own name and opened his own club there. H sued B for an injunction to prevent B from leasing the building. Who wins? Why? Discuss all the legal issues present in the case. 9. C was a sales representative of D Corp, a builder of sailboats. Collins offered W a D dealership, which would include the right to purchase and then market D sailboats. W tendered a check for $50,000 to C. C accepted the check, but neither party ever signed a written contract. W ordered several boats. D terminated the dealership because it had found another boat dealer willing to pay more for the franchise. W sued D for breach of contract. Is the contract enforceable under the UCC? Why or why not? 10. C was building a new cable television system. It contacted E, by phone and began negotiating to buy parts. These parts would allow C's customers to receive the programs they had paid for. Although no written contract was ever signed, C ordered several thousand parts. The parts were shipped to C, along with a sales acknowiedgment form. C made partial payment for the descramblers before discovering that some of the units were defective. E accepted a return of the defective parts. C then attempted to return all the parts, asking that they be replaced by a newer model. When E refused to replace all the old parts, C stopped paying E. E sued C, claiming that no valid contract existed between the parties. Is there a valid sales contract? 11. H entered C Hospital, for a surgical operation on her heart. During the operation, a pacemaker was installed in H. The pacemaker was defective, causing injury to H. H sued C Hospital under the UCC to recover damages for breach of warranty of the pacemaker. Is this case covered by the UCC? Why or why not

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