Contracts Keyed to Calamariback
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If the mechanic asserts an action against the car owner for $200 (i.e., the difference between the price agreed upon in the original contract and the amount actually tendered), the mechanic will most likelyCorrectIncorrect
A buyer signed a written agreement to purchase 100 gross plush toys at $288 per gross from a seller. The contract provided that the buyer would not be bound if the stuffed animals were not delivered by June 1 or if they did not meet certain specifications. If the buyer accepted the delivery, he then had ninety days in which to pay the seller. The seller delivered ninety-two gross on June 1 and promised that the remaining stuffed animals would be delivered on June 4. “Don’t bother,” said the buyer, “keep all of them.” The stuffed animals that were delivered had met the buyer’s specifications.
If the seller asserts an action against the buyer for breach of contract, which of the following will be the buyer’s best defense?CorrectIncorrect
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
In general, a contract clause providing for payment before inspection of goodsCorrectIncorrect
A store owner owned a fishing supply store. In the course of business, he purchased 10,000 yards of 12-pound test fishing line from a fish supply corporation. The contract provided that the store owner would remit payment immediately upon receiving the merchandise. The store owner received delivery, mailed a check for payment in full, and then inspected the fishing line. It was only 10-pound test. The store owner tried to return the line, but the fish supply corporation refused to take it back, claiming that 10-pound line was as good as 12-pound line.
The store owner should try toCorrectIncorrect