True/Falss Indicate whether the statement is true or false. The UCC requires that all contracts for the sale of goods must be in writing. 1. 2. The sale of land or real estate does not have to be in writing The delegation of a duty still leaves the delegator responsible for the performance of the duty. 3. An incidental beneficiary has no right to enforce a contract. 4. 5. A fundamental difference exists between the breach or nonperformance of a contractual promise and the failure or nonhappening of a condition. "Discharge" has to do with the promisor's being released from his duty to perform. 6. 7. An unauthorized alteration of ANY of the material terms in a written contract discharges the entire contract 8. Sean breaches an agreement in his employment contract with Inmett Corporation by also working for Inmett's major competitor. Sean's promise to Inmett of his exclusive personal services may be enforced by injunction. 9. A liquidated damage clause that represents a reasonable approximation of the damages where the actual amount would be very difficult to determine will usually be upheld. Equitable remedies are available any time the plaintiff chooses them over money damages 10. 11. A gratuitous agent has a duty of loyalty but is not liable for any harm caused by his careless performance. 12. An agent will not be authorized to act for a principal unless he receives some consideration for the task 13. An agency contract appointing the agent for a period of more than 1 year must be in writing 14. As a general rule, a person may do through an agent whatever business activity he may accomplish personally. 15. If an agent who has actual authority and receives reimbursement does not tell the third party that he is working in an agency capacity, the principal is still bound. A subagent owes a fiduciary duty to both the agent and to the principal. 16