Question
THIS IS MULTIPLE CHOICE ANSWERS. I DONT NEED AN EXPLANATION. JUST NEED TO CHOOSE THE CORRECT ANSWER PLEASE. A debt is discharged by________________________ when the
THIS IS MULTIPLE CHOICE ANSWERS. I DONT NEED AN EXPLANATION. JUST NEED TO CHOOSE THE CORRECT ANSWER PLEASE.
A debt is discharged by________________________ when the debtor and creditor agree to settle a claim by some performance other than which is claimed due, and the creditor accepts the substituted performance as full satisfaction of the claim.
accord and satisfaction | ||
liquidated damages | ||
unliquidated damages | ||
a firm handshake |
Imagine yourself at the beach. While in the water an undertow grabs you and carries you out into deep water. The lifeguard leaps from their chair and runs to the water's edge. But instead of jumping in, she yells at you, "I will save you if you pay me $100." Helplessly you signal your assent.
Once you are safely back on shore, do you owe the lifeguard anything?
NO! Consideration does not induce their actions, duty does. Since they already have a duty to perform, they suffer no legal detriment when they do their job. | ||
Yes! Individuals have the freedom to contract. | ||
Yes! The $100 was a reasonable sum for the lifeguard to act. | ||
Yes! The individuals and lifeguards have no duty to act. |
The LA Angels team is planning "Mike Trout Bobblehead Day," and the team orders 10,000 units for the occasion. Unfortunately, the boat carrying the shipment from China is lost permanently due to supply chain issues. The manufacturer calls the team and asks for a three-week extension on the original delivery deadline. The team agrees to the delay.
Is this modification to extend the delivery date now a valid part of the contract?
YES!!! This deals with the sale of goods. The UCC applies. UCC 2-209 does away with the consideration requirement for changes to a contract, so long as both sides agree to the modification. | ||
NO!!! UCC 2-209 requires additional consideration. | ||
This is a service contract, thus the common law applies. | ||
None of the above |
Jillian buys a car from her friend Keisha. Even though the car is worth $25,000, the agreement between them was for $1,000. Was this contract supported by consideration?
Yes, and it was adequate. | ||
Yes, but it was not adequate because of the discrepancy in value. | ||
No, there was not a bargained-for-exchange. | ||
No, the amount given was not legally sufficient. |
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