Contracts Keyed to Frierback
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A homeowner orally agreed to sell her land to a buyer for $79,000. As a condition of the sale, the buyer orally agreed to pay $5,000 of the purchase price to a creditor of the homeowner. The buyer asked his secretary to prepare a formal, typewritten copy of the contract and, in so doing, the buyer’s secretary accidentally left out the condition to pay the $5,000 to the creditor. Both the buyer and the homeowner read the document before signing, but neither noticed the oversight. The buyer refuses to pay the $5,000 to the creditor, and the creditor sues the buyer for the $5,000.
In the creditor’s suit against the buyer for $5,000, who will prevail?CorrectIncorrect
A well-regarded paving contractor entered into a written contract with a store owner to pave the parking lot behind his store. The contract contained no provision regarding assignment. A few days after they entered into the contract, the contractor encountered scheduling difficulties and assigned the job to another paving contractor who had a comparable reputation and would do the job for the contract price.
With regard to this assignment by the contractor, which of the following statements is true?CorrectIncorrect
A small computer company contracted with a community college to supply computer tech support for all of the college’s faculty and staff beginning September 1. Two weeks before the date that performance was to begin, the computer company received a more lucrative offer at a large university. In order to fulfill its contract obligations to the community college, the company delegated its duties under the contract to another computer company for $1,000 above the contract price. The community college agreed to allow the replacement computer company to perform the services, but on September 1, the replacement company refused to perform.
If the community college sues the replacement company, what will the result be?CorrectIncorrect
A seller sold a sixty-foot boat to a buyer pursuant to a signed contract. The contract provided that the buyer makes sixty monthly payments of $20,000 starting January 1. On January 15 of the following year, reasonably fearing the buyer would lose his job and leave the country, the seller conveyed his rights under the contract to his neighbor for a lump sum. Neither party notified the buyer, who made six payments to the seller before learning that the neighbor had obtained the right to payment.
If the neighbor asserts an action against the buyer for $120,000 to recover the six payments the buyer erroneously paid to the seller, should the neighbor prevail?CorrectIncorrect
A company engaged in hauling boulders contracted to provide its services, charging $2.00 per pound hauled, to a construction company engaged in clearing timber. The agreement provided that the boulder company would remove boulders from all the construction company’s construction sites for the next four years. The agreement further provided that payments would be made to a creditor of the boulder company. The construction company shut down its operations. The creditor asserted an action against the construction company for breach of contract.
The construction company should assert which of the following defenses?CorrectIncorrect