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QUESTION 6 To be grounds for fraud, a misrepresentation must relate to a: a. Past event b. Any existing fact c. Statement of opinion d.

QUESTION 6

To be grounds for fraud, a misrepresentation must relate to a:

a.

Past event

b.

Any existing fact

c.

Statement of opinion

d.

Material existing fact

QUESTION 7

Bloomingdales orders 100 dresses from Channel for Christmas at cost of $1,000.00 each. They planned on selling them for $6,000 each. Chanel fails to deliver the dresses. Bloomingdales wants to sue for their lost profit of $500,000. These damages are:

a.

Consequential or Special Damages

b.

Compensatory Damages

c.

Punitive Damages

d.

Nominal Damages

QUESTION 8

A caterer agrees with the Bride to cater her wedding reception on July 4th for $120.00 per person and he agrees to offer a choice of fillet mignon or lobster. He calls the bride June 4th and says that she has to pay $150.00 per person because the price of lobster went up. Which is statement is correct?

a.

The $150.00 per person is not enforceable because he had a pre-existing

duty to charge $120.00.

b.

The $150.00 per person is not enforceable because it is intentional infliction of emotional distressifyou upset the bride before the wedding.

c.

The $150.00 per person is enforceable because a caterer can always change the price until he actually buys the food.

d.

The $150.00 is enforceable because the price of lobster going up is an unforeseen circumstance

QUESTION 9

Pierre, a baker of fine French Pastries sells his business to Marcel. Pierre agrees not to open up another bakery within 1 miles of Marcel's business for 1 years. This non- compete clause will likely be upheld, if it is considered reasonable.

True

False

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