Contracts Keyed to Frierback
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If the seller asserts an action based on breach of contract against the b uyer, the court should rule that the seller’s March 3 letterCorrectIncorrect
An owner personally owns a large company that manufactures commercial airplanes. A neighbor told the owner, “I convinced a friend of mine to buy three of your airplanes for his company.” The planes were indeed sold by the owner to the friend. The neighbor demanded a 1 percent commission, as is customarily given to airplane salesmen.
Which of the following arguments would support the owner’s refusal to pay the commission?CorrectIncorrect
On April 2nd, X offers sell 300 widgets to Y at $1 each. X states that she must get Y’s acceptance by April 5th. On April 3rd, Y mails his acceptance to X. On April 4th, X mails her revocation of the offer to Y, which is then received by Y on April 5th. Y receives X’s acceptance in the mail on April 6th. Has a valid contract been formed?CorrectIncorrect
A computer company sent a purchase order to a wholesaler for keyboards, stating, “Please ship 100,000 keyboards at the posted price.” Two days after receipt of the purchase order, the wholesaler shipped the keyboards and the computer company accepted. A week after delivery, the computer company received the wholesaler’s acknowledgement form, and it included a provision disclaiming any consequential damages. However, as luck would have it, after using the keyboards for two months, the computer company discovered a defect. This meant that the computer company had to recall 10,000 computers that had already been shipped, incurring a loss in profits of $40,000.
Assuming all appropriate defenses are raised, will the computer company succeed in recovering $40,000 in consequential damages?CorrectIncorrect