Ks Adaptibar
A buyer purchased 100 bolts of standard blue wool, No. 1 quality, from a seller. The sales K provided that the buyer would make payment prior to inspection. The 100 bolts shipped and buyer paid seller. Upon inspection, buyer discovered wool was No. 2 quality. Buyer tendered back the wool to the seller and demanded the return of his payment. Seller refused that there is no difference b/t the wools. What is the buyer remedy because the wool was nonconforming?
Damages measured by the price paid plus the difference b/t the K price and the cost of buying substitute goods. UCC 2-712(2): (1) A buyer is entitled to reject nonconforming goods and to obtain damages. (2) Cost of Substitute - Contract Price. (Remedies)
Agent engaged inexperience actress to do small role for period of 6 months at a salary of $200/week. Actress turned down another role in order to accept. Actress was hospitalized with influenza and replacement hired to do part. Actress recovered, but agent refused for remainder of K. Actress brought an action against Agent for breach of K. Which of the following would adversely affect the actress' rights in her action against the agent?
The agent could only find one replacement, who demanded a K for a minimum of 6 months if she to perform at all. Doctrine of Constructive Conditions: (1) A party's material breach of obligation (2) IF UNCURED (3) May discharge the other party's obligation under K. * Failure to perform = Material Breach ** No Replacement Hired = Uncured (Performance, Breach, and Discharge)
A painter, who has been in the painting business for 10 years and has a fine reputation, contracts a paint a farmer's barn. If the painter assigns the K to a contractor, who has comparable experience and reputation, which of the following statements is correct?
The farmer is required to accept performance by the contractor. Assignment: (1) is a transfer of rights under a K. (2) Generally, all K rights may be assigned unless provided otherwise. (3) Unless there is a substantial interest in having original obligor perform. *No facts indicate special taste or judgment of original painter (Third-Party Rights)
On 3/1, a seller orally agreed to sell his land to buyer for $46k and to be paid on 3/31. Buyer orally agreed to pay $25k of purchase price to the creditor of the seller in satisfaction of a debt which seller said he promised to creditor. On 3/10, buyer dictated agreement to secretary, but omitted $25k and mistakenly typed $45k instead of $46k. On 3/15, neither seller nor buyer carefully read and missed error. In action by creditor against the buyer for $25k, which of the following is correct?
Buyer cannot raise SoF defense. SoF Payment of Debt: (1) Promises made to answer for debt (2) Normally fall in suretyship clause of statute (3) Require writing. (4) However, no writing required when surety made to principal not creditor. (Performance, Breach, and Discharge)
A painter, who has been in the painting business for 10 years and has a fine reputation, contracts a paint a farmer's barn. If the painter assigns the K to a contractor and thereafter the contractor does not meet the K specifications in painting the farmer's barn, the farmer
Has a cause of action against the painter for damages. Assignment: (1) is a transfer of rights under a K. (2) Generally, all K rights may be assigned unless provided otherwise. (3) Unless there is a substantial interest in having original obligor perform. (4) If assignment done, original obligor liable. (Third-Party Rights)
Agent engaged inexperience actress to do small role for period of 6 months at a salary of $200/week. Actress turned down another role in order to accept. Actress was hospitalized with influenza and replacement hired to do part. Actress recovered, but agent refused for remainder of K. Actress brought an action against Agent for breach of K. Which is actress's best legal theory?
Her failure to perform for one week was not a material failure to so as discharge the agent's duty to perform. Doctrine of Constructive Conditions: (1) A party's material breach of obligation (2) IF UNCURED (3) May discharge the other party's obligation under K. * Failure to perform = Material Breach **Replacement Hired = Cured (Performance, Breach, and Discharge)
The 25 y/o son crashed into an automobile driven by a woman. Both son and woman injured. The father, erroneously believing that he was liable b/c he owned the automobile, said to the woman: "I will see that you are reimbursed for any losses." The father also called a physician and told him to take care of the woman and pay medical bills. In an action by the woman against the father for wages lost while she was incapacitated as a result of the accident, which of the following would be the father's best ∆?
Lack of consideration Consideration: (1) valuable consideration (2) on both sides of the bargain (3) required for an enforceable k. (Formation of Ks)
On 3/1, a mechanic agreed to repair an owner's machine for $5k to be paid on completion of the work. On 3/15, before work completed, the mechanic sent letter to owner with copy of mechanic's creditor, telling owner to pay $5k to creditor. Mechanic completed the work. Which of the following would be best serve the owner as a ∆ in an action against him by the creditor for $5k?
Mechanic had not performed his work in a workmanlike manner. Third-Party Beneficiary: (1) A person who is not party to K (2) But has a legal right (3) To enforce the K or share in the proceeds ***(3) not met b/c K not fulfilled (Third-Party Rights)
The 25 y/o son crashed into an automobile driven by a woman. Both son and woman injured. The father, erroneously believing that he was liable b/c he owned the automobile, said to the woman: "I will see that you are reimbursed for any losses." The father also called a physician and told him to take care of the woman and pay medical bills. If the physician discontinued treating the woman before she had fully recovered and the woman brought an action against the physician for breach of K, which of the following would be the best ∆ for the physician?
The father has not paid any of the medical bills sent to him by the physician. Third-Party Beneficiary: (1) A person who is not party to K (2) But has a legal right (3) To enforce the K or share in the proceeds *Woman is third-party intended beneficiary. **K b/t father and physician ***(3) not met b/c K not fulfilled (Third-Party Rights)
On 3/1, a seller orally agreed to sell his land to buyer for $46k and to be paid on 3/31. Buyer orally agreed to pay $25k of purchase price to the creditor of the seller in satisfaction of a debt which seller said he promised to creditor. On 3/10, buyer dictated agreement to secretary, but omitted $25k and mistakenly typed $45k instead of $46k. On 3/15, neither seller nor buyer carefully read and missed error. In an action by creditor against the buyer for $25k, which of the following would best serve the buyer as a defense?
The seller agreed with the buyer not to pay any part of the purchase price to the creditor. Third-Parties: (1) Enforce promises only if 3rd party is an intended beneficiary; (2) Intended beneficiary performance flows directly to 3rd party; (3) However, if it doesn't flow directly, it's not a 3rd party intended beneficiary. (Third-Party Rights)
On 3/1, a seller orally agreed to sell his land to buyer for $46k and to be paid on 3/31. Buyer orally agreed to pay $25k of purchase price to the creditor of the seller in satisfaction of a debt which seller said he promised to creditor. On 3/10, buyer dictated agreement to secretary, but omitted $25k and mistakenly typed $45k instead of $46k. On 3/15, neither seller nor buyer carefully read and missed error. If the buyer refused to pay more than $45k, in an action by the seller against the buyer for an additional $1k, it would be to be seller's advantage to try to prove that
There was a mistake in integration Parol Evidence Rule: (1) Bars extrinsic evidence of a prior agreement (2) Where prior agreement contradicts final written agreement (3) If the writing is complete integrated (intended to be final expression). (K Content and Meaning)
On 3/1, a seller orally agreed to sell his land to buyer for $46k and to be paid on 3/31. Buyer orally agreed to pay $25k of purchase price to the creditor of the seller in satisfaction of a debt which seller said he promised to creditor. On 3/10, buyer dictated agreement to secretary, but omitted $25k and mistakenly typed $45k instead of $46k. On 3/15, neither seller nor buyer carefully read and missed error. Which of the following would be the most important in deciding an action by the creditor against the buyer for $25k?
Whether buyer-seller agreement was completely integrated. Parol Evidence Rule: (1) Bars extrinsic evidence of a prior agreement (2) Where prior agreement contradicts final written agreement (3) If the writing is complete integrated (intended to be final expression). (K Content and Meaning)
