Assume the following facts:
Two months ago,
Jill Green, Sales Manager for Acme Bolts, &
Jack Smith, CEO of Smith Exercise Equipment,
make deal over the phone where Smith agrees to buy $15,000 worth of specially manufactured bolts to be made by Acme & picked up by Smith within 3 months.
Smith did not get any sort of writing documenting this k.
Refer to UCC section 2-201:
2-201. Formal Requirements; Statute of Frauds.
(1) Except as otherwise provided in this section a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by his authorized agent or broker. A writing is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable under this paragraph beyond the quantity of goods shown in such writing.
(2) Between merchants if within a reasonable time a writing in confirmation of the contract and sufficient against the sender is received and the party receiving it has reason to know its contents, it satisfies the requirements of subsection (1) against such party unless written notice of objection to its contents is given within 10 days after it is received.
(3) A contract which does not satisfy the requirements of subsection (1) but which is valid in other respects is enforceable
(a) if the goods are to be specially manufactured for the buyer and are not suitable for sale to others in the ordinary course of the seller's business and the seller, before notice of repudiation is received and under circumstances which reasonably indicate that the goods are for the buyer, has made either a substantial beginning of their manufacture or commitments for their procurement; or
(b) if the party against whom enforcement is sought admits in his pleading, testimony or otherwise in court that a contract for sale was made, but the contract is not enforceable under this provision beyond the quantity of goods admitted; or
(c) with respect to goods for which payment has been made and accepted or which have been received and accepted (Sec. 2-606).
Can you answer just 1 of the following questions:
(a) The morning after the phone call, Smith sent email to Acme's Sales Manager confirming their agreement by phone & no one at Acme ever responded to that email, though Green and Smith had communicated with each other several times by email to set up their phone conference. When bolts don't arrive within time agreed to, Smith suffers damages & sues Acme for breach of k. What will the court do And why? Please be sure to mention any specific UCC sections that apply.
Questions 25 thru 20 refer to Theresa Kearney Corporation whose Income Statement showed Net Income [for book purposes] Before Taxes of $20,000. The tax rate is 25%. [Consider each question as a stand-alone scenario] 25] 25] 27] 29] If Depreciation Expense for tax purposes is $4,000 higher than what was used for book purposes, the entry to record taxes is : A] Income Tax Expense...4,000 Income Tax Payable......4,000 B] Income Tax Expense ..... 4,000 Deferred Tax Asset.......1,000 Income Tax Payable ...... 5,000 C] Di Income Tax Expense ..... 5,000 Income Tax Payable.........5,000 Income Tax Expense ..... 5,000 Deferred Tax Liability.......1,000 Income Tax Payable.........4,000 If book Revenues [correctly] excluded $4,000 of cash collected related to ng year, the entry to record taxes is: Revenue that will be earned in a followi A] Income Tax Expense...5,000 Income Tax Payable......5,000 0] Income Tax Expense ..... 5,000 Income Tax Payable.........6,000 B] Income Tax Expense ..... 5,000 Deferred Tax Asset.......1,000 Income Tax Payable ...... B, 000 Di Income Tax Expense ..... 5,000 Deferred Tax Liability.......2,000 Income Tax Payable.........4,000 If book Revenues included 84,000 that will not be taxable until a following year, the entry to record taxes is: A] Income Tax Expense...4,000 Income Tax Payable ..... 4,000 0] Income Tax Expense ..... 5,000 Income Tax Payable.........5,000 B] Income Tax Expense....4,000 Deferred Tax Asset......1,000 Income Tax Payable ...... 5,000 D] Income Tax Expense ..... 5,000 Deferred Tax Liability.......1,000 Income Tax Payable.........4,000 If the Expenses include 54,000 of items that are permanently deductible for tax purposes, the entry to record taxes Is : A] Income Tax Expense...4,000 0] Income Tax Expense ..... 5,000 Income Tax Payable ..... 4,000 Income Tax Payable.........5,000 B] Income Tax Expense....4,000 D] Income Tax Expense ..... 5,000 Deferred Tax Asset......1,000 Income Tax Payable ...... 5,000 Deferred Tax Liability ..... 1,000 Income Tax Payable.........4,000 Question 1 The purpose of the American federal system of government is to: A, Ensure the property rights of the citizens of each state. O B. Recognize the need for a central government to deal with certain issues on behalf of all citizens of the nation. O c. Ensure that all states have the same laws. O D. Ensure full employment of federal public employees. Question 2 The U.S. Constitution regulates: O A. The power among the branches of the federal government. O B. Interaction of U.S. citizens with citizens of other countries. O c. State enforcement of day-to-day issues of state citizens. D. Private contracts between state citizens. Question 3 State legislation is intended to: A Be discriminatory to undocumented persons. O B. Express the rules for behavior passed by the elected representatives for the conduct of each state's citizens. O c. Provide guidance to federal courts. O D. Be unfair to certain citizens of the state. Question 4 The three branches of the U.S. Government are: O A Criminal, civil and legal. O B. Military, private and industrial. c. Judicial, legislative and executive. O D. Congress, senate and executive. Question 5 A contract of adhesion is: A One that has not been reduced to writing. B. One in which the object of the contract is illegal conduct. o c. One in which a stronger party is able to dictate terms to a weaker party. o D. Where a corporation forms an oral contract. Question 6 Construction contracts: O A Are usually unfair to one party- O B, May be considered a source of law by courts. O c. Are not commonly used in construction. O D. Are almost always altered by parties. Question 7 What is the difference between courts of general jurisdiction and those of limited jurisdiction?Which statement about the la fiber is NOT correct? O it excites spinal inhibitory interneurons to inhibit alpha-motoneurons to the antagonist muscle (reciprocal inhibition) O its steady-state firing rate is proportional to the length of the muscle it innervates O if the muscle is rapidly stretched, la fibers from that muscle have an initial rapidly-adapting response that is proportional to the rate of muscle stretch its peripheral end wraps around the equatorial region of the intrafusal muscle fiber it has monosynaptic inhibitory synapses with a-motoneurons innervating the same muscle so as to prevent the muscle from over-contracting Question 27 1 pts Remembering how to mount and ride a bicycle is an example of: classical conditioning LTD (long term depression) working memory declarative memory procedural memoryPlease provide the best answer to the following questions regarding Contracts. Question 31 (3 points) . Saved contract? What are the primary grounds on which the Contractor can typically terminate the O when the schedule update delays are more than 30 days O when there is an accident on the jobsite O when there is lack of communication between subcontractors and the Owner O when the Owner fails to make payments to the contractor that have been earned and are due Question 32 (4 points) What types of projects tend to be scheduled in terms of working days? O residential and community projects industrial construction projects O building construction projects O) engineering projects such as highways, bridges, dams, airport runways, canals, and utility installations Question 33 (3 points) To the contractor, the significance of an unavoidable delay is one for which | the contractor can have some confidence of receiving a time extension and possibly monetary compensation O True False Question 34 (2 points) The primary concern of General Contractors is that they will want to know if the float is owned by the Contractor or by the Owner. True False Question 35 (5 points) When the ownership of float rests with the Owner, Owner delays and Owner changes often do not include compensation in the form of time extension when only noncritical activities are impacted. True FalseAdjustments to income (special deductions allowed to either itemizers or non-itemizers) Total Income 6 Computed Income Tax Liability for the year Income Tax Liability after Nonrefundable Credits Standard Deduction or Itemized Deductions 12 Taxable Income Income Taxes Paid and Refundable Credits 15 Taxes Due or Refund to be Received Deduction for Qualified Business Income Tax Credits (nonrefundable) Question 2 (1 point)
