multiple choice-select correct answer

Over the years, Inventor has ordered both small and large production runs of Inventor's latest invention from Manufacturer. Inventor pays Manufacturer from the sale proceeds as the items are sold. During negotiations to buy Manufacturer's business, Corporation requests information on all of Manufacturer's accounts receivable, causing Manufacturer and Inventor to agree on a total amount as the balance due for all of Inventor's orders to date.After Corporation buys Manufacturer's business, Corporation discovers an order that Manufacturer accidentally overlooked when agreeing on the balance due for all of Inventor's orders to date. Corporation will:

a)be able to recover the additional amount, because Manufacturer provided the items to Inventor.

b)be able to recover the additional amount, provided Inventor has sold the items from the overlooked order.

c)not be able to recover the additional amount, because Inventor's contracts were with Manufacturer.

d)not be able to recover the additional amount, because Manufacturer and Inventor agreed to an account stated for the period of time within which the overlooked order occurred.

Bakery and Market have being doing business for years. They resolve their dispute over the price for standard breads that Market wants included in every delivery under their current contract by entering into a new contract at Bakery's preferred price, but which includes a changing assortment of seasonal and specialty breads within that price. Market and Bakery have resolved their dispute through:

a)an account stated.

b)a novation.

c)an accord and satisfaction.

d)mutual rescission.

Bakery and Market have being doing business for years. They resolve their dispute over the price for standard breads that Market wants included in every delivery under their current contract by entering into an executory accord at Bakery's preferred price, but which includes a changing assortment of seasonal and specialty breads within that price. Market and Bakery's claims under the current contract will be resolved:

Question 3 options:

a)upon payment of the first installment under the executory accord.

b)upon signing the executory accord.

c)upon completing performance under the executory accord.

d)none of the above.

Deb hires Tailor to create a highly-customized dress to her measurements and makes a $500 deposit. After forming their contract, Deb realizes it's unlikely that she will ever wear a dress that elaborate and Tailor realizes that he made an error in his cost estimate and will lose money performing the contract. Deb and Tailor agree to cancel the contract; they have resolved their problems by:

a)an accord and satisfaction.

b)a novation.

c)mutual rescission.

d)mutual rescission, which will require Tailor to refund the deposit.

Owner agrees to sell her house to Buyer, with Buyer making monthly payments directly to Owner and Owner paying the property taxes and insurance until the final installment is received. In need of cash to finance her new business, Owner sells her interest to Lender and enters into an agreement with Buyer and Lender for Lender to replace Owner as a party to the contract with Buyer. Under the contract with Buyer, Owner is:

a)still obligated, as the guarantor of any required performance delegated to Lender.

b)no longer obligated, due to the parties' mutual rescission.

c)no longer obligated, due to the parties' novation.

d)no longer obligated, due to the parties' substituted agreement and release.

To ruin her competitor's business, Cook entered into an agreement with Grocer to stock only second-quality versions of the fresh produce Cook's competitor, Chef, needed to produce her signature dishes. As part of the agreement, Grocer agreed to order only second-quality produce and if Grocer did receive a shipment of first-quality produce, Cook agreed to buy all of it at Grocer's cost plus an agreed profit. After paying for three shipments of first-quality produce in a week, Cook refused to pay for a fourth shipment.If Grocer sues Cook for breach of contract:

a)Grocer will prevail, because Cook has willfully breached their contract.

b)Cook will prevail, because their contract violates public policy.

c)Grocer will prevail, because Cook has received a benefit from Grocer's performance.

d)Cook will prevail, because Grocer is abusing their agreement.

Owner hires Contractor (a licensed and bonded electrician) to re-wire her entire house, an expensive project. After Contractor completed the work but before Owner paid, Owner discovered that Contractor's bond had expired and that Contractor's license had been suspended, but only because of the expiration of the bond. If Owner decides not to pay and Contractor sues for breach:

a)Owner will prevail, because Contractor was not licensed to do electrical work.

b)Owner will prevail, because the contract was illegal.

c)Contractor will prevail, because Owner's breach was willful.

d)Contractor will prevail, because Contractor has substantially complied with the requirements of the licensing law, and because the loss to Contractor and the windfall to Owner would be too great if Owner was not required to pay for the benefit received.

Owner hires Contractor to re-wire her entire house, an expensive project. After Contractor completed the work but before Owner paid, Owner discovered that Contractor was not a licensed and bonded electrician, and the re-wiring was improperly done in part and will have to be repaired. If Owner decides not to pay and Contractor sues for breach:

a)Owner will prevail, because Contractor was not licensed to do electrical work.

b)Owner will prevail, because Contractor's performance was imperfect.

c)Contractor will prevail, because Owner's breach was willful.

d)Contractor will prevail, because the loss to Contractor and the windfall to Owner would be too great if Owner was not required to pay for the benefit received.

Mug, a popular local restaurant and bar, made a proposal to Brewery to become the exclusive seller of Brewery's craft beers in City. While Brewery was reviewing Mug's offer, City revoked Mug's liquor license. Brewery then mailed a letter accepting Mug's offer, which Mug received. Between Mug and Brewery:

a)an enforceable contract has been formed.

b)no contract was formed, as no valid offer was ever made.

c)no contract was formed, because supervening illegality revoked the offer.

d)a contract was formed, but the duty to perform has been discharged due to illegality.

Owner hires Mechanic to do body work on Owner's car. Owner is aware that Mechanic is not licensed to do auto body work, and Owner is getting the work done at a fraction of what a licensed auto body repair shop would charge. If Owner refuses to pay because of a dispute over the quality of Mechanic's work, when Mechanic sues Owner, the court will:

a)require Owner to pay, less an offset for the cost of fixing any substandard work by Mechanic.

b)require Owner to pay in full, as Mechanic has performed as promised.

c)leave the parties where the court finds them, as the parties arein pari delicto.

d)Either A or B.