Contracts Keyed to Calamariback
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A computer manufacturer contracted to buy 300 cathode ray screens at $100 each, F.O.B. buyer, from a seller. The contract provided that thirty screens would be delivered on the first of each month; payment was to be due ten days thereafter. A computer manufacturer purchased the cathode ray screens with the expectation that her computers would become 10 percent faster once the new screens were installed. The contract specified that the screens were purchased to increase efficiency.
The computer manufacturer mailed the seller a check for payment of the first installment within ten days after the first delivery. She performed tests on the screens to measure their speed, taking sixteen days and costing $2,000. These tests showed that the new screens were actually slower than the ones she was replacing. The computer manufacturer installed five of the new screens in her computers and, as expected, the computers slowed down. The computer manufacturer notified the seller that she was returning the screens that had been delivered and repudiating the rest of the contract because the screens did not meet contractual specifications.
Which of the following statements is the most accurate?CorrectIncorrect
A university hired a professor under a one-year contract as an adjunct professor of music. The professor taught two classes every Monday and Wednesday. The professor missed the second week of classes because of injuries he had sustained in a car accident. When he returned to class on the third week, the professor discovered he had been replaced by an adjunct professor, who was teaching his classes. The university refused to reinstate the professor or allow him to teach. The professor brought a claim for breach of contract against the university.
Which of the following arguments will help the professor’s case most?CorrectIncorrect
A bakery owner entered into a one-year written contract with a chocolate chip manufacturer whereby the manufacturer agreed to ship to the bakery owner 5,000 pounds of premium chocolate chips on the first day of each month for $12,500 per shipment. When the bakery owner opened the first shipment of chips, he found that 60% of them were tainted with rat hairs. He immediately called the manufacturer and reported the breach. The manufacturer offered to send replacements, but the bakery owner refused the offer and canceled the entire contract.
Will the manufacturer prevail in an action against the bakery owner seeking contract damages?CorrectIncorrect
A contractor agreed to build a plant for a manufacturer. The contract required the contractor to use lighting fixtures from a specific company. Inadvertently, the contractor installed fixtures from a different company. The installed fixtures are generally considered to be of a slightly greater quality than the fixtures specified in the contract. The mistake was not discovered until the manufacturer did a final inspection of the building. As built, the plant is worth $2,000 more than it would be worth had the specified fixtures been used. Because of a downturn in the economy, the manufacturer no longer wants to move into the new plant and refuses to pay the contractor because of the breach regarding the light fixtures. It would cost the contractor $20,000 to replace the fixtures with the ones specified in the contract.
If the contractor sues the manufacturer for specific performance, which of the following doctrines will be most important to a court’s decision?CorrectIncorrect
A buyer entered into a contract with a retail seller to purchase three computers of a specific brand for $4,500 for use in his business office. However, when the computers arrived at his office, the buyer saw that they were a different brand of computers. Because he was short of computers, the buyer asked his secretaries to use the computers. One week later, however, his secretaries complained about the computers, and therefore the buyer wrote to the seller that he was “rejecting” the three computers that were sent to him, and asked for the return of the $4,500. The seller refused to do so.
The legal effect of the buyer’s retention and use of the computers for one week before notifying the seller was:CorrectIncorrect