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D Question 1 2 pts Definiteness requires (select all that apply): O Parties discuss every detail to which they are agreeing Detail sufficient to determine
D Question 1 2 pts Definiteness requires (select all that apply): O Parties discuss every detail to which they are agreeing Detail sufficient to determine if there has been a breach Detail sufficient to determine award for a remedy O That all important details be in writing D Question 2 2 pts While an offer may include details on how to accept that offer the method of acceptance cannot require actions that the reasonable person might find degrading such as groveling or begging O True O FalseD Question 3 2 pts A rm offer must (select all that apply): Be made by a merchant Be in writing Be signed Provide assurance it will be held open D Question 4 2 pts The implied warranty of tness for a particular purpose arises when which seller is aware of which element(s) at the time of contract formation (select all that apply): Specic purpose buyer intends to use the goods for D Buyer selects goods based on their knowledge and judgment Buyer's reliance on seller's skill f judgment to select to appropriate goods D Seller's statement a particular model is "her favorite." D Question 5 2 pts Which of the following elements are E required for a party to claim excuse for non- performance based on frustration? O The parties to the contract assumed that the event that the party is relying on as a basis for the excuse would not likely occur 0 The existence of an event made performance by that party pointless @ The party agreed to perform despite the event 0 The party did not wrongfully cause the event Please use the following fact pattern for questions 6 and 7: Sally Student wishes to rent a condo in a quiet neighborhood and discovers an ad for a condo not far from the college campus where she intends to enroll. Sally emails Larry Landlord to express her interest in the unit and, in her email, asks Mr. Landlord whether the condo is quiet. Mr. Landlord confirms in his email response to Sally that the condo is quiet, and they arrange time for Sally to view the condo. They arrange to meet in a vacant lot right next to the condo so that Mr. Landlord can give Sally a tour of the condo complex. Mr. Landlord knows the vacant lot next door is a practice site for a few local college and high school marching bands most mornings, evenings, and on weekends. At the viewing, Sally notices the vacant lot next to the condo complex, and she even mentions to Mr. Landlord that the vacant lot reassures Sally that she will not have to deal with noisy surroundings. Mr. Landlord presents the lease to Sally, who reviews it, signs it, and pays a security deposit and her first month's rent. Sally moves in. and she discovers in the first few weeks that the local marching bands are very noisy from every room in the condo. D Question 6 2 pts Can Sally Student sue Larry Landlord for breach of contract? 0 No. A reasonable person in Sally's position would have asked about how the vacant lot is used 0 No. Mr. Landlord does not control the vacant lot. 0 No. Mr. Landlord has not broken the contract and continues to allow Sally to use the apartment and pay rent. 0 Yes. There was no meeting of the minds with respect to the essential terms of the contract. Yes. A reasonable landlord in Mr. Landlord's position would have disclosed how the vacant lot is used. Additional Facts for Question 7: Assume that Sally graduated high school early and was two months shy of her 18th birthday when she signed the lease. Sally's parents begged her to stay at home to limit her expenses and to stay safe, but Sally was eager to live on her own. Sally told Mr. Landlord that she was planning to enroll at the college down the street. Mr. Landlord did not ask to verify Sally's age during the rental application process. Question 7 2 pts Is the lease yoidable? (0) Yes, by Mr. Landlord, because Sally was a minor at the time she signed the agreement 0 Yes, by Mr. Landlord, because Sally failed to disclose her age 0 No. contracts for real property (such as a lease) are never yoidable 0 Yes, by Sally within a reasonable amount of time after she turns \"I B, because she was still welcome in her parents' home D Which of the following would not be governed by Article 2 of the UCC? The building materials for a new ofce building purchased by a General Contractor O A crop of corn that is still in the ground but that a farmer agreed to sell 0 A hot tub that was sold and is being delivered to a house for installation 0 The sale of a car to a rental company Question 9 2 pts A real estate agent representing a buyer in the purchase of a home tells the buyer that the house is in a certain school district, but the agent is mistaken. Assume that the statement was made in the presence of the seller, who knew the agent was mistaken but remained silent. Can the buyer seek to avoid the contract as a result of the third-party misrepresentation by his real estate agent? 0 No, because the seller did not make the misrepresentation, so it would be unfair to punish the seller for the real estate agent's comment 0 No, because the real estate agent was not a party to the sale (9 Yes. because the seller had reason to know of the misrepresentation 0 Yes. because the buyer is prohibited by law from suing his real estate agent D Question 10 2 pts The defense of misrepresentation may be used by a partyr seeking to rescind a contract in the following instances: 0 A. Where the other party to the contract made an intentional misstatement O B. Where the other part3:r to the contract made an innocent misstatement O 0. Where the other party to the contract remained silent O D. A and 3 Co) E. All of the above
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