Question
B offered to sell a boat to C for $35,000. Cs response stated I accept your offer but I will also need the boat moved
B offered to sell a boat to C for $35,000. Cs response stated I accept your offer but I will also need the boat moved to my boat slip at the same marina. Is there a contract? If so what are the terms? Explain.
4. Perfect Poultry Company offers to sell a specified number of chickens and turkeys to Quick Markets. Without including any additional terms in the proposal it is a valid offer to form a contract? Explain.
5. Daves uncle tells Dave that if he feels that Dave deserves it, he will give Dave $10,000 when Dave graduates from college. Dave agrees to the deal. Is the uncles promise enforceable if Dave graduates? Explain.
6. Jennifer was about to be struck by a speeding car. Eva pushed her out of the cars path, just in time to save her from being struck. However, Eva was herself struck by the car and was seriously injured. Several weeks later, Jennifer promised Eva that she would pay her $1,000 per month for life. Is Jennifers promise enforceable? Explain.
7. Vincent entered into a contract to sell his laptop to Millie, age 17. Millie took possession of the computer and continued to use it for five months after reaching her 18th birthday. How significant is her continued use of the computer?
8. Baker, a real estate broker, only licensed in Oregon, concluded a land sale in California. If the California client refuses to pay Baker the commission on the sale may he successfully sue the client for breach of contract? Explain.
9. DG Corp. has recently created a genetically modified cow, which they named Elsie. The MJ Dairy Co. contacts DG about buying Elsie. On November 1st, DG and MJ sign a contract stating that DG will sell Elsie to MJ for $50,000. What neither party knows is that Elsie died during the preceding night. Explain the significance of that event.
10. Gene sells a trail bike to Hollis without disclosing that the odometer, which reads 10,000 miles, was disconnected 90,000 miles ago. Does Hollis have to pay the contract price? Discuss.
11. Mona is induced by her guardian Newt to sign a contract to invest her student loan funds in Overseas Bank through Newts investment firm. Unknown to Mona, Newt realizes ongoing commissions from the investment. On what basis could Mona rescind the contract? Discuss.
12. Carl leases 2 acres of land to his friend, Larry. Larry intends to build a house on the property which will significantly increase its value. Larry applies for a $1 million loan from Fleet Bank to build the house. Carl orally promises the bank that he will be responsible for paying back the loan if Larry does not. On that basis the loan is approved.
Is Carls promise enforceable if Larry fails to pay back the loan? Explain.
13. Guardian Security, Inc., and Hedge Fund Corporation enter into an oral contract under which Guardian Security agrees to provide security services for Hedge Fund offices for as long as Hedge Fund needs them. This contract is/is not enforceable?
14. The Caplans contract with Fain Construction to build a house on their lot for $300.000. The written contract specifies that Fain is to satisfactorily install Crane brand bathroom fixtures. Fain completes construction but the Caplans refuse to pay the full contract price because they are not satisfied with the bathroom fixtures installations. Discuss whether Fain is or is not entitled to the full contract price.
15. Polly agrees to buy Quinns Cycle World but only if Ridgeline Credit Union approves the financing. This approval is a:
a. Condition precedent.
b. Condition subsequent.
c. An illusory promise.
16. Eds Electric substantially performs its contract with Forest Hills Apartments, Inc., to deliver and install an alarm system and parking lot lighting. Eds is entitled to
a. Nothing due to the breach of contract.
b. Payment to the extent that it performed the contract.
c. Full payment of the contract price since it did substantially perform.
17. Gliding Light, LLC, and Hang Gliders, Inc., are parties to a contract. They subsequently agree that High Riders Inc. should take Gliding Lights place and assume all of its rights and duties under the contract. This is:
a. A mutual agreement to rescind.
b. An accord and satisfaction.
c. A novation.
d. A settlement agreement.
18. Omar and Penn want to discharge their contract by executing a new agreement with performance by Penn to be different from what was originally promised. This can best be accomplished by:
a. A mutual agreement to rescind.
b. An accord and satisfaction.
c. A novation.
19. Nina contracts with Office Suites Corporation to buy a suite in its Prospect Point Tower at a premium because of its undisturbed view of Quay Harbor. Unforeseeably, the town of Quay Harbor changes the zoning law, and Resort Hotels, Inc., constructs Seaview Resort, blocking what would have been Ninas view. Ninas best argument for a change in the Office Suites contract or its price is:
a. Frustration of purpose.
b. Objective impossibility of performance.
c. Anticipatory repudiation.
d. Commercial impracticability.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started