Question 57 0.5 pts 57. Assume a "battle of the forms" fact pattern, in which Sharon (seller) is regularly selling fine wines to Beatrice (buyer). Sharon's form sales agreement includes a provision that payment must be received from buyer not more than 30 days after buyer receives the wine. Beatrice's form purchase order includes a provision that buyer is required to pay the seller for wine deliveries not more than 90 days after the buyer receives the wine. The UCC has a provision that payment must be received from buyer not more than 45 days after the buyer receives the goods. On these facts, and in a contract dispute between Sharon and Beatrice, when must payment be received by Sharon for wine delivered to Beatrice? O Not more than 90 days after Beatrice receives the wine O The "knock-out rule" makes this question impossible to answer O Not more than 60 days after Beatrice receives the wine, because 60 days is the mid-point between 30 days and 90 days and this is a fair compromise between Beatrice and Sharon O Not more than 45 days after Beatrice receives the wine O Not more than 30 days after Beatrice receives the wineQuestion 58 58. How is a defamation lawsuit in which a public figure is the plaintiff different a lawsuit in which a non-public figure is the plaintiff? O For the public figure to win, s/he must prove that the defamatory statement injured his/her reputation; this requirement is not applied to non-public figures O For the non-public figure to win, s/he must prove that the defamatory statement inured his/her reputation; this requirement is not applied to public figures O Public figures cannot sue for defamation because they are public figures; only non-public figures can sue for defamation O For the non-public figure to win, s/he must show "actual malice" by the defendant; this requirement is not applied to public figures O For the public figure to win, s/he must show "actual malice" by the defendant; this requirement is not applied to non-public figuresQuestion 59 0.5 pts 59. Quinn, Rita and Samantha are all merchants. Quinn, who owns a store that sells Christmas-themed merchandise all year, calls Rita on the phone to order 600 Santa figurines at $1 per figurine, for a total contract price of $600. Rita immediately agrees while on the phone to sell the Santa figurines to Quinn at that price. The following day, Quinn calls Samantha, and during the call, Samantha offers to sell Quinn 600 Santa figurines at $0.75 per figurine, for a total contract price of $450. Quinn immediately agrees while on the phone to buy the Santa figurines from Samantha at that price. Quinn then calls Rita and cancels Quinn's order with Rita. Rita, however, insists that she and Quinn have a valid enforceable contract that cannot be cancelled by Quinn. On these facts, which of the following statements is true? O On these facts, the only valid and enforceable contract is between Quinn and Samantha O On these facts, the only valid and enforceable contract is between Quinn and Rita O If Rita sued Quinn for breach of contract, Rita would likely win O On these facts, each of Rita and Samantha have valid and enforceable contracts with Quinn O If Rita sued Samantha for tortious interference with a contract, Rita would likely winQuestion 60 0.5 pts 60. What is the implied warranty of merchantability? O A warranty that cannot be excluded or modified and that the goods shall be merchantable in a contract for their sale, if the seller is a merchant of goods of that kind O Any warranty about the goods conveyed by the seller's words or actions O A warranty that cannot be excluded or modified and that the goods shall be merchantable in a contract for their sale, regardless of whether the seller is a merchant of goods of that kind or not O A warranty that, unless excluded or modified, the goods shall be merchantable in a contract for their sale, if the seller is a merchant of goods of that kind O A warranty that, unless excluded or modified, the goods shall be merchantable in a contract for their sale, regardless of whether the seller is a merchant of goods of that kind or not