2 short answer essay questions and 8 multiple choice
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2 short answer essay questions and 8 multiple choice:
William steals a valuable collection of baseball cards from Phillip. William then sells the cards to Darrel, who does not know that the cards are stolen. Phillip discovers that Darrel has the cards. Please DISCUSS in complete sentences, the following:
1. Describe the rule or rules that should apply in this situation.Is Darrel liable to Phillip? To whom is William liable, if anyone? Can Phillip reclaim the cards from Darrel?
Key of G Products, Inc., offers to sell to Harmony Company one hundred MP3 players at $50 a piece, subject to certain specific delivery dates. Harmony replies with a signed purchase order that reads, Accept your offer for 100 I-appliances at $50 each. Must be delivered to our warehouse. Key of G does not respond or deliver the goods. Harmony files a suit for breach of contract, to which Key of G answers that there is no contract because Harmonys purchase order contained additional terms and is not signed by Key of G. Harmony sues to recover for breach of contract.
2. Was Key of G’s offer accepted? If so, why, and if not, why not? If the offer was not accepted, what happened?
Question 310pts
Womach orders custom-made draperies for her new boutique from Drapes, Inc. a merchant-seller. The contract is verbal and the cost is $6,000. After Drapes, Inc. makes and delivers the order to Womach, Womach refuses to pay for them, claiming the contract was invalid due to the Statute of Frauds. Is Womach liable to Drapes, Inc. for $6,000?
Group of answer choices
She doesn’t have to pay because the goods were non-conforming
Her acceptance of conforming goods obligated her to pay
The courtshould not allow her to be UNJUSTLY ENRICHED by the lack of a writing under Statute Of Frauds
Drapes Inc failed to produce a written contract required for sales of goods over$500, and its claim is unenforceable
Question 410pts
Suzies Appliance Store orders 10 white refrigerators from Appliance Manufacturing, Inc., F.O.B the sellers plant. Appliance Manufacturing ships brown refrigerators instead, which are then damaged in transit. Who bears the risk of loss from the damage?
Group of answer choices
Appliance Manufacturers due to their shipping the goods F.O.B.
Suzie, due to the goods being shipped F.O.B.
Because these goods were non conforming, Appliance Manufacturing bears the risk of loss
Suzie, because she held title to the goods
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Question 510pts
Timber Products, Inc., and Walt, a consumer, enter into a contract for a sale of plywood. If the contract includes a clause that is perceived as grossly unfair to Walt, its enforcement may be challenged under the doctrine of:
Group of answer choices
Res Ipsa Loquitor
Unjust Enrichment
Duress
Unconscionability
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Question 610pts
Clarise hires Anna to find and contract for purchase of a small shopping center for her business. Clarise had very explicit instructions on parameters. Anna found the “perfect” location but had to “jump on it” and signed the contract without Clarise’s approval even though, at $4.3 million, it was 300 thousand beyond the authorized purchase price. Fortunately, Clarise Is thrilled once she sees the project Anna selected. Is Anna in violation of her agency?
Group of answer choices
Anna violated the express authority she was granted.
Because Anna had to”jump on it”, she properly used her emercency authority.
Clarise has ratified Anna’s actions, absolving her overstepping on the price.
Anna had implied authority to make the deal
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Question 710pts
Brent is a driver-operator for 2 Star Sewage, a septic waste removal company. 2 Star informs Brent that because MightyOffice, a significant corporate client, was going through bankruptcy, it had a 6 figure unpaid balance and there would be no Christmas bonuses. Frustrated, Brent takes his official septic cleaning vehicle after hours and dumps 75 pounds of raw sewage on the lawn of Sam, the owner of MightyOffice. Is 2 Star Sewage liable to Sam of Mighty Office?
Group of answer choices
Yes, under the doctrine of Respondeat Superior
No, because Brent committed an intentional tort without his employersinvolvement
No, because Sam failed to pay his bill
No, because it was Brent’s frolic from his duty.
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Question 810pts
Peter is an art dealer. Demi is his assistant. She formalizes all of his contracts and, since he travels often, she is authorized to use his proxy to sign many contracts. Several weeks before a big show, while Peter is out of town, Demi accidentally sells and delivers one of the new paintings by one of Peter’s top artists in the show. This act was not authorized. Peter widely publicized his assistant’s wide latitude to deal on his behalf with clients. Is Peter bound by Demi’s contract on his behalf?
Group of answer choices
Yes, because of Demi’s apparent authority
No, due to the unauthorized nature of the act.
No, because of the entrustment rule
Yes, due to agency by estoppel
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Question 910pts
Paige and Jimmy decide to throw an event at their college for homecoming and split the proceeds. Jimmy does all the promotions and social media, reaching out to potential guests, entertainers, and provides information to those interested. Paige is responsible for obtaining the hall, entering into all contracts and dealing with all vendors for the event. Are Paige or Jimmy the agent in this matter?
Group of answer choices
Jimmy is the agent because he deals with the public on behalf of the venture.
Both Paige and Jimmy are agents because they each deal with 3rd parties in relation to the venture.
Paige is the agent because she contracts with vendors
Both Paige and Jimmy are agents with apparent authority
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Question 1010pts
Elmer and Mary are married. While Mary is in the hospital recovering from serious medical problems, Elmer takes the liberty of settling a lawsuit they had both been waging against a large Corporation for 3 years. “It will be a rest to her mind if the case is over before ahe comea back home” . He thinks. Is Mary, who was not consulted but was in great pain at the time, bound by Elmer’s agreement to settle on both their behalves?
Group of answer choices
Yes, a spouse is an agent for their partner, particularly in exigent circumstances.
Yes, because of Elmer’s implied authority
No, because Mary did not authorize the action
Possibly, but only if Mary thinks it’s a good deal
