Review questions for genb

Marketing, Inc, and Nature's Food Corporation (NFC) discuss a contract. The exchange "signed" e-mails that summarize the terms on which they agree. Marketing begins to perform, but Nature's refuses to pay. Between Marketing and Nature's, the e-mails are

a written contract

On behalf of the Jazz group Fusion, their manager Greg agrees to a performance in Hillside Amphitheater on July 4. Hillside sends a written copy to Greg to be signed. If Greg signs the copy, the parties will have

an express contract

Fact pattern 16-2 Charlie and Dill sing a written contract for the sale of Dill's BBQ Food Truck to Charlie. The parties intend their written contract to be a final statement of the terms of their agreement. Refer to fact pattern 16-2. Later Dill disputes some of the provisions in the deal with Charlie. If the dispute results in litigation, a court will most likely exclude evidence that.

contradicts the written terms

Dennis sells a motorcycle to Elton without disclosing that the odomete, which reads 10,000 miles, was disconnected 100.000 miles ago. Dennis is most likely liable for

fraud

Oxley contracts to buy pizza oven from Restaurant Supplies Warehouse (RSW) for $2,500, but RSW fails to deliver. Oxley buys the appliance else-where for $3,500. Oxley's measure of damage is

$1,000 plus incidental damages

Andre enters into a contract to buy 350 acres from Belle Vista Farms to cultivate grapes and open a winery Refer to Fact 19-1. If Belle Vista breaches the contract, Andre's remedy would most likely be

Specific performance

Bill and Charlene enter into a contract for the clearing, plowing, and preparing of Charlene's 100-acre tract for which she agrees to pay $1,000. Bill transfers his duty under this contract to Dewey. Dewey is

a delegate

Lark promises to buy Mac's used textbook for $60. Lark is

a promisor

Brick and Mortar Construction and Masonry Corporation's ethics committee is asked a question. Should the firm bid low to obtain a contract that is known it can fulfill only at a higher price? A practical method of investigating and answering this question involves all of the following steps except absolution inquiry justification desicion

absolution

Flor enters into a contract with Global Shipping Ltd, to insure and ship a painting from France to the US for a certain price. Global makes a mistake adding the costs, which results in a contract price that is $1,000 less than the true cost. Most likely, a court would

allow the parties to rescind the contract

Invested Capital Corporation provides other firms with funds to expand operations. If invested capital strictly complies with existing laws, the firm's business ethics obligations will

be partially met

Mai is a third party beneficiary under a contract between Novia and Otis. Novia and Otis can modify or rescind their contract without Mai's consent

before Mai's rights have vested.

Robin claims that her contract with Stroud for tennis lessons is voidable as the lessons were never provided and the tennis club burnt down. If their contract is avoided,

both parties are released from it

Inez hires Josh to paint her portrait to her for $4,000. When Josh finishes the portrait, Inez announces that she is not satisfied with it. Inez

does not have to pay josh

Ed's Electric substantially performs its contract with Forest Hills Apartments, Inc., to deliver and install an alarm system and parking lot lighting. Forest Hills is entitled to

damages wrong to be executed from performance

Fact Pattern 18-2 Flora, who owns and operates Garden Organic Farms, agrees to sell Harvesters Grocery a minimum quantity of uncommon fresh fruits and vegetables for the region every week for three months Refer to Fact Pattern 18-2. If bad weather destroy's Flora's crops, the obligations to deliver produce to Harvesters is

discharged

Francisca and Garden Estate, Inc., enter into a contract for the use of a Victorian mansion and its grounds for a wedding and reception. If ambiguities appear in the contract, they will be construed against the party that

drafted the contract

Leon relinquishes the right to his daughter Meredith's control, care, custody, and earnings. This is

emancipation

At age of seventeen, Eve enters into a contract with Fit Health Club. Two years later, when Eve attempts to disaffirm the contract. Fit files a suit against her. The court will most likely consider the contract ratified if it is

executed

Eli owes Martin $10,000. Martin assigns the claim to Jack. Jack does not notify Eli of the assignment. A week later, Martin assigns the same claim to Allen. Allen immediately notifies Eli of the assignment. Jack

has priority to payment in states that follow the English rule.

Alice and Bart enter into a contract for the sale of Canyon Ranch. To be enforceable, this contract must be

in writing by a written memorandum

Desi's uncle Eduardo tells Desi, "if I feel you deserve it at the time, I will give you a new car when you graduate from college." This promise

is illusory

Phillip assigns his rights under a contract with Maria to his college roommate, John. Neither Phillip nor John notifies Maria of the assignment. The assignment

is immediately effective

Due on Receipt, Inc., makes tax software, which is packaged with a shrink-wrap agreement. Evenflo Products Company distributes the software to retailers, including a Flatprice discount store, where Greta buys a package of it. The parties to the shrink-wrap agreement are

learns of it AFTER the contract is formed

Marketing Solutions Inc. promises to employ Niki as a software engineer. In reliance on the promise, Niki quits her job with Online Ad Company, but Marketing Solutions does not hire her. Most likely, Marketing Solutions is

liable to Nikki under the doctrine of promissory estoppel

Fact Pattern 13-3 Sal contracts with Tasty Pizza to deliver its products. Both parties change their minds, however, and inform each other that they would like to cancel the contract Refer to pattern 13-3. Sal and Tasty

may rescind their contract to the EXTENT THAT IT IS EXECUTORY.

Fact Pattern 17-1 Four-Square Construction Company enters into a contract with Ben to remodel Carol's Home Store, using products from Delta Building Supplies Refer to Fact Pattern 17-1. Halfway through the project, Four-Square refuses to finish the job. The contract can be enforced by

none of the choices Ben only Ben and Carol Carol only

Rough Canyon Adventures Inc. enter into an oral contract for Sturdy's sale to Rough of five rafts for $2,000 each. Before Rough takes possession of the rafts, this contract is enforceable by

not by an interested third party, such as Rough tour guide of clients not by Sturdy not by Rough

John says to Kris, "I would like to sell you my sports memorabilia collection." This is not an offer because it

only invites Kris to negotiate

Leah and Mason are parties to a contract for the sale of Mason's day care facility to Leah. Before the deal closes, they agree to substitute Nell for Leah as a party to the deal. This novation does not require

performance of the original contract by all the parties

Forest Lumber company orally contracts with Gail for the purchase of five acres of Gail's timberland. Gail makes the transfer but Forest does not pay the price. Gail could most likely recover on a theory of

quasi contract

Ida orally agrees to pay Jim to see and harvest a quarter of Ida's farm acreage for four hay seasons. After Jim prepares the land and plants the first crop. Ida says that their deal is off. Jim most likely recover on a theory of

quasi contract

A contract for a sale of land from Bayside Properties, Inc. to City Development Corporation contains an erroneous legal description. The most appropriate remedy for these parties is

reformation

Pacific Charter Company offers to provide an air-conditioned bus to Quincy's tour group for $1,500 plus the cost of the fuel. The mailbox rule applies if Quincy accepts the offer by

regular mail

Ross promises to pay Sara, his niece, $5,000 if she obtains her degree at Tech University, where she is in her third year. Sara graduates. Ross is

required to pay because Sara obtained a degree at Tech

Floyd signs a contract to buy a drum kit just before reaching the age of majority. After reaching the age of majority, Floyd does not take possession or make payments. With respect to the contract, most courts would hold that this is

restitution

Wally offers to repair and service a forklift for Valu Lumber Outlet, but Wally dies before Valu accepts. Most likely, Wally's death

terminates the offer

In an exchange of e-mails, Rob, a landlord, and Sam agree to a lease of a certain apartment for one year. Under the Statute of Frauds, this lease is enforceable provided

the e-mail is signed by the party against whom enforcement is sought

In making business decisions, Glenda, personnel manager for HVAC Maintenance, Inc. applies her belief that all persons have fundamental rights. This is

the principle of rights

Elena, a minor, obtains fruits and vegetables on credit from Fred at Grower's Market. Later, Elena disaffirms the purchase. She owes Fred

the reasonable value of the goods

Property Management Inc (PMI), presents a standard-form lease for an apartment to Quentin, a potential tenant. PMI offers it on a take-it-or-leave-it basis. Quentin signs it, but later wants to withdraw from it. He is most likely to avoid enforcement of the lease on the ground of

unconscionability

Ruth, who is Sal's guardian, convinces him to buy a certain parcel of land from Tyrone at a greatly inflated price. Ruth may be liable for

undue influence

Delightful Weddings, LLC, and Event Catering Inc. have an executory contract. They agree to rescind their contract and simultaneously enter into a new contract. If the initial contract was subject to a preexisting duty, the new contract will most likely be

unenforceable

Wilson buys a lottery ticket at his local gas station. Wilson has accepted an offer for a

unilateral contract

Fay is mentally incompetent but has not been so adjudged by a court. Any contract Fay enters into is

voidable if Fay lacks the capacity to comprehend the consequences

Julie is sales manager for Kelso's Concrete & Stone Products, Inc. In applying ethical principles to the business of the firm, Kelso's and Julie will most likely evaluate

what duties and responsibilities should exist for the business

Lucas is a corporate officer for Micro Manufacturing Company. Ethical dilemmas that Lucas is not likely to encounter include deciding

whether to provide federally mandated family medical leave to employees

Fresh Service, Inc., offers to deliver produce to Growers' Market's customers for a certain price. Fresh's intent to extend a serious offer to Growers' Market is determined by reference to Fresh's

words and conduct