Contracts Keyed to Kunzback
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A producer signed a written agreement to purchase 100 cases of film from a film distributor. The parties had orally agreed that the contract would be voided if the producer could not obtain financing for the movie for which he needed the film. Will the producer’s failure to obtain financing act as a defense to a breach of contract action brought by the film distributor when the producer refuses to purchase the film?CorrectIncorrect
An interior designer claimed that she could increase the sales volume of any store by remodeling it in a scientific manner. The interior designer orally agreed with a store owner to remodel the shoe store within ninety days.
Both parties later signed an agreement whereby the store owner was to pay a $75,000 remodeling fee in ten equal payments of $7,500. Payment in full was due within ten days of the completion of construction, provided that the store owner’s retail sales increased by 25 percent. The agreement further provided that it could be modified only by a writing signed by both parties.
Two weeks after construction began, the interior designer demanded payment of $7,500, which was the amount of the first installment. She showed the store owner bills for materials she used totaling $8,200. The store owner denied any obligation to pay until the job was completed, but, reluctantly, she orally agreed to pay half of the designer’s out-of-pocket expenses while the job progressed to show her goodwill.
When the renovation was complete, the store owner’s sales increased by $200,000, 24 percent above the previous year. The designer said the store owner could further increase her sales (at least another 1 percent) if she changed her advertisements. The store owner refused to pay the remaining balance on the remodeling expenses and demanded that the designer return the money he had advanced.
If the designer claims that the store owner orally agreed to change her advertisements as part of the plan to increase sales by 25 percent, the store owner will most likely be able to exclude the agreement by arguingCorrectIncorrect
A buyer and a seller orally agreed that the seller would sell his office building to the buyer for two million dollars. The seller agreed to send a check for one million dollars to a creditor to satisfy a debt owed to her by the seller. The buyer and the seller agreed that the title would pass immediately even though the agreement was not yet in writing.
The seller had the agreement typed a week later. He failed to include a clause in reference to the debt he had agreed to pay the creditor.
There was a typographical error in the printing of the contract that erroneously stated the sale price to be $1,500,000. Neither party noticed the error, nor questioned the omission of the payment to the creditor. Both the buyer and the seller signed the contract.
The creditor’s action against the sller will be most significantly affected by whetherCorrectIncorrect
Dancer, a dancer, contracted with Contractor, a contractor, to construct a dance studio addition for her in her home. Dancer and Contractor orally agreed that Contractor would only build the dance studio if Dancer was able to obtain a zoning variance to put an addition on to her house, since adding square footage to one’s house was currently against a zoning law in her neighborhood. Subsequent to their oral agreement, Dancer and Contractor signed a written agreement with respect to the construction of the dance studio which appeared to be complete but made no mention of the oral agreement regarding the zoning variance. Dancer, after diligent effort, was not granted the variance. Dancer wants to submit evidence of the prior oral agreement, but Contractor claims that any evidence of the oral agreement should be barred. On the issue of whether or not the prior oral agreement will come in, who will prevail?CorrectIncorrect