Fact Pattern 11-1 Nano Corporation offers to sell a robotic device to Dayx Assembly, Inc., but mistakenly transposes some of the iyils in the price so that S15,41%) anpears in the aller as $14,500. Onyx accepts the wrillen aller C 6 Refer to Fact Parter 11-1. Onyx's best argument in favor of enforcement of the contract is that bilateral entistake does not allord reliellrom a contract. b. a mistake of value does not afford relief from a contract c. a unilateri mistake does not afford relief from a contract d. the price was below the prices of comparable devices. Ari, a renowned architect, sells to Rea an apartment that he has not lived in for many years. After Pea moves in, she discovers a number of Ari's drawings in the closet that were produced during his early career and would now be considered valuable. Ari liles suil to get the drawings. Ari should n. prevail because there was no mutual nssent with respect to the art. b. prevail because the sale of an apartmcat includes norking in it. c. w prevail because the sale of an apartment includes everything in i.. d. not prevail hecause he should have known the art was in the closet 8. In sclling software to A-One Corporation, Blythe tells A-One's purchasing agent that the software is almost human." This is n. fraud b. duces C. pullery d. undue influence 9. Uoder duress, Rull pays Sam to protect Ruth's store from "unnecessary Louble." Ruth's insurer is United Insurance Company. Ruth may 2.noid the contract with Sam or choose to carry it out b. do nothing nou sluc has agreed to pay Sam. c. recover from United for a failure to direct her "protection." d. recover from the local police for a failure to protect her "direction." - 10. Timber, Inc., and Universe Corporation cater into an oral contract for the sale of a Timber's lumber mill. Under the Statute of Frauds, before Universe takes possession, this contract is enforceahle by a. cither party, b.noither party L. T'imber only d Universe only 11. Andy and Business Company (BC) enter into an oral contract under which Andy agrees to clean BC's ollice for two years. This contract is entirceahle hy a. Andy only b. BC only c either party d. wither party 12. General Contractors (GC) and Herb enter into an oral contract under which Herh agrees to work on a GC project for sixteen months This contract is enforcenble by a cither party b. GC only. Herb only. d. neither party 13. Mort attempts to assign this rights under a contract to Nina. To ensure that the assignment is valid, Mort a. does not need to designate Nina as luis delegateor file a notice in the public records. b. must designate Nins as his delegate" in a nolice filed in the public records. c. must only designate Nina as his "delegale." d. must cinly file a notice in the public records. 14. Uma makes a contract with Val with the intent to benefit Wat. This is a. a delegation. b. an assignment ca third party beneliciary contract. d. not a delegation, an assignment, or a thiril party, beneficiary contract. Fact Pattern 12-1 A-One Construction Company enters into a contract with Ren to remodel Canol's Home Store, using products from Delta Building Supplies. Ents Cafe is next to Carol's Home Store. The remodeling is a gift from Beo to Carol 15. Refer to Fact l'altern 12-1. Delia will realize a profit from the sale of products to A-One la remodel Carol's sture. Delta is an delegates b. an assignce can incidental beneficiary d. an incoded beneficiary. 16. Till contracts to sell Ken her MP3 player for $50. This contract will be fully discharged when Jill and Ken a. ngree to sign a bill of sale b. exchange the player for the $50. c sign a receipt d. shake hands and go ibeir separate ways. 17. Im and Jill can discharge their contract through novation. This requires aan agreement by nil of the parties to a new content b. all express discharge of the contract. c performance of all of the crats by all of the parties. d. performance of all of the Lorms by only one of the parties. Page 3 of 13 3412 words LX English (United States ) Focus ERS + 112 18. Kris contracts to work exclusively for Local Company during May for $5.000. On April 30, Local cancels the cinlract. Kris linds arxither job duriny May but earns anly $3,1X10. Kris files a suit against Local. As compensatory damages, Kris can recover a. $3,000. b. $2,017 c. $1,000 d. thing 19. Print Quik, Inc., seeks punitive damages in a suit against Roddy Supply Company. Generally. punitive damages inay be recovered when a contract has been breached n. in almost all anses baly if the breach is directly related to the commission of a lort. L. only if the contract involves a sale of youds or a sale of land. d under no circumstances. 20. Business Office, Inc., hires Carl to repair a computer on site for $400, bar Carl does not show up as agreed Business Office hires Dan to do the job for $350. Business Office may recover from Carl a. compensatory damages b. conscqucutial damages. c. local damages. d. punitive damages 21. Ron breaches his lease with Sunny Properties and vacates the premises six months hefore the enti of the term. In some states, the Indland would have to a. avoid teleting the premises to recover any damages from Roa. 1. make reasonable efforts to relet the premises to mitigate the damages recevenhle from Ron c. relet the premises to recover any damages from Ron. d sell the premises to recover any damages from Ron 22. A contract for a sale of land from Best Properties, Inc., La Commercial Investments Corporation contains an crroneous legal description. The most appropriate remedy for these parties is a. damages b. reformntion C. rescission. d. specific performance. 23. Gamuda Software Corporation sells its products to business and consumer end-users. Like most sales of sollware, Gamma's sales invalve a. a passage of title only. b. a right to use the software only c. Apassnge of title and a right to use the software d. none of the above. 24. American Manufacturing, Inc., orders supplies online from Best Parts Company. To complete the order, the buyer is required to click on a bullon that says, in relierence to certain terms, 'I agree." This is n. a click on agreement b. a default agreement L. an altrihution agreement d shrink-wrap agreement