\end{array} & \begin{array}{c} Costs of home care, or domestic services in the event of serious injury. Which of the following is correct? Gainondisposalofdiscontinuedoperations, Arthur Getis, Daniel Montello, Mark Bjelland, Information Technology Project Management: Providing Measurable Organizational Value, The Cultural Landscape: An Introduction to Human Geography, AP Edition. Specific damages include losses in the following areas: Medical Expenses: This includes all medical expenses associated with your injuries, from when the injuries happened to the present, and any expected expenses in the future. As a result, Anker said it was unable to deliver the necessary coal. Liquidated Damages 7 IV. a. accord and satisfaction d. none of the above. Such covenants are: b. are not regulated by federal laws. c. serve to shift the risk of unforeseen events. Costs associated with repairing or replacing damaged property. Paddock Pools constructed a swimming pool and deck for the Jensens' home. Rose, a minor, purchased a new car from Sheehan Buick for $5,000. The party conferred the benefit with the reasonable expectation of being paid. a. void as against public policy. Sekelow Enterprises is a debt collection agency. b. punitive damages. A: Under loss-based recovery, Amy can sue Bill for harm that her company has suffered, for instance, loss profits. e. None of the above. Is the sellers statement a misrepresentation? d. Both (a) and (b) above are correct. Tristan has to purchase the 10 refrigerators from another plant at a cost of $3,000 each. Damages in General 2 II. What are the buyer's damages for breach of warranty? If the seller becomes insolvent, the buyer may still pay $9,000 and get the goods. e. consumers have all of the above rights, e. consumers have all of the above rights. Jones cannot provide a 60-gallon heater for two months, so Perry cancels the contract and gets a heater from another company. Cover. \hline \vdots & \vdots & \vdots \\ It is now August 1, 2017 and Cindy has not received any payment. The contract between the buyer and the seller may expressly limit or exclude consequential damages so long as the contract is not unconscionable. 2-710. The information is presented as an example below. Compensatory damages Compensatory damages aim to restore the party who did NOT breach the contract back to the position they would have been in if the other party had held up their end of the deal as promised. d. Both (b) and (c) are correct. d. none of the above, Force majeure clauses: The buyer may deduct from the price due on the contract any damages resulting from any breach of contract by seller. a. c. 90 days Under the CISG, the seller may require the buyer to: c. "There is no merger pending for the company." Actually she had bills that she could not pay and hoped to turn the business around with the summer swimsuit sales. a. a contract with no consideration. An aggrieved seller who resells wrongfully rejected goods is accountable to the original buyer for any profit made on the resale. 3 & 3,640 & 104.5 & 3 & 0 & 7 \\ The former owner has been convicted of drug charges. A debt collector calls the mother of a debtor and says, "I am calling to find out when we can expect your son to pay the $2,312 he owes on his bar tab at my client, The Swamp Cooler. The real estate agent has committed fraud. Student loan agreements Which of the following describes what has been done? damages exceeding simple compensation and awarded to punish the defendant. Recovery of the price. Tristan ordered the refrigerators in anticipation of an order he was going to receive from a custom-home builder. Sandy experiences significant difficulties with the computer and returns it to Big Box. d. CRO provisions. b. b. Because Hadley failed to disclose his special circumstances to Baxendale, the court found that he was barred from the award of lost profits. a. void. a. is void as against public policy. d. cancel the contract. D. The buyer may have the right to recover incidental and consequential damages. Big Box did not disclose to her that the computer was a return item. "Incidental damages to an aggrieved seller include any commercially reasonable charges, expenses or commissions incurred in stopping delivery, in the transportation, care and custody of goods after the buyer's breach, in connection with return or resale of the goods or otherwise resulting from . a. can ask to have it eliminated Which of the following is not a remedy available to an unpaid seller against the buyer? . c. mistake. A portion of the data is shown in the following table.$, PropertyAppraiser1Appraiser21235000239000219500019000010575000583000\begin{array}{|c|c|c|} Contracts should limit or at least clarify them. Require the financially sound buyer to return the goods. As a part of her new-hire package, she was asked to sign several documents, one of which stated that the water park would not be held responsible for any injuries that happened to her during the course of her work. The lease provided that if Doug ended the lease early, he would be However, after 3 years, half of the money has not been dispersed, and nearly 500,000 people still live in tents. b. resell or recover damages for nonacceptance or recover the price. a. the costs of finding substitute buyers or goods. d. Krieg agreements are void. Bethany found that the demands for her ice were exceeding her ability to supply it and she recruited Callie Oldham to take over her supply contract for Jake. b. Andy has no damages since Best Buy took back the computer. d. All of the above. c. Plains is not in breach if there is advance notification that it cannot deliver. Whether there can be a pledge across country borders. b. B. The contract is: Which of the following statements would not be a basis for misrepresentation? c. contacting the debtor after the debtor requests no further contact d. All of the above All of the above Gary agrees to pay $3,000 upon completion of the work; you purchase window washing supplies at a total cost of $1,000. d. Both (a) and (c). The Hoffmans refused to agree to the additional fees and All-Right's foreman said, "Suit yourselves. The type of clause would not be enforced by the courts. The Canasta Resort was a large hotel located near Ralph that was not satisfied with its current catering company's ice sculptures and its events manager liked Ralph's work. a. Plains will need to pay the damages that Tristan experienced as a result of its failure to deliver - $500 X 10. to take the return on the computer and credit Andy's account, but that it has no further liability. Where the goods have been shipped under reservation of a security interest in the seller and that interest has been satisfied. c. The inability to enforce international contracts. Consequential damages are more indirect, being incurred not as a result of the breach itself, but due to the end result of the breach. In a California medical malpractice case, there is a cap of $250,000 on pain and suffering and other non-economic damages. The recovery for a lessee's wrongful repudiation of a lease is the difference between the present value of the old rent due under the original lease and the new rent due under the new lease. Landview Appliances sells a stove to Evan for his home. a. The Canasta Resort was a large hotel located near Ralph that was not satisfied with its current catering company's ice sculptures and its events manager liked Ralph's work. The toy cars were to be delivered by November 1. d. none of the above. An award for lost wages is the most common example of special damages. b. are protected by their three-day rescission rights under Regulation Z. b. is void as unconscionable. 1. c. Where the goods have been identified to the contract and there is a ready market available for their resale at a reasonable price. a. c. may be regarded as a penalty. It must await the seller's performance. The realtor is guilty of duress. You'll get a detailed solution from a subject matter expert that helps you learn core concepts. This lawnmower has a safety turn-off switch. b. may be so high as to be punitive to the breaching party. c. at a public or private sale. Royal may proceed to identify to the contract conforming goods in its possession so that it can exercise the remedy of resale of the goods. c. Cost to initially ship the widgets to buyer. When certain conditions must occur before performance is required. d. Cancel the contract. \hline d. Cancellation of the contract. A buyer who does not cover is precluded from consequential damages that could have been prevented if the buyer did obtain cover. d. All of the above. When damages are uncertain or difficult to prove, contracting parties can agree in advance on the amount of damages, known as liquidated damages, that will be paid in the event of a default or breach of contract. b. b. any commercially reasonable charges or commissions in connection with obtaining cover. Alimony, child support, student loans, & taxes, The assurance of payment in international contracts; gives a title to controlled goods, SHRM CP - Organization - Employee and Labor R, SHRM CP - Competencies - Relationship Managem, Exam 4 (Immunology) - Ch. February 6, 2018 - NYREJ. Which of the following is not a remedy of the buyer? Punitive damages are awarded by a court of law in a lawsuit. To make sure that this is the case, the bank asks the appraisers to value 10 different properties (in $). Which of the following is true about a line of credit secured by the equity in the debtor's home? B. \end{array} & \text { Education } \\ Tristan has to purchase the 10 refrigerators from another plant at a cost of $3,000 each. 3] Vindictive or Exemplary Damages. d. right to rebuttal statement She filed a lawsuit and demanded that they not only refund her money but buy her a new computer comparable to the old one. Which of the following is correct? Incidental Damages are costs and expenses incurred by the non-breaching party to avoid other direct and consequential losses caused by the breach. b. Van resells the goods in compliance with the Code for $1,700, incurring $200 in sales commissions but saving $250 in shipping costs. Specific performance is generally not available for contracts of personal service or employment contracts (why?). ", If entered into by a minor, which of the following contractual situations may be enforceable against the minor? What categories of payments survive a bankruptcy? She experienced many late-night visitors and often noticed cars parked outside near the street curb with the drivers and passengers studying the home. c. modification In such contexts, (a) incidental damages are costs and expenses incurred by the non-breaching party to avoid other direct and consequential losses caused by the breach, and (b) consequential damages are damages that (i) are neither incidental nor direct damages and (i) normally and necessarily arise from the specific nature of either the a. c. Sekelow cannot collect the debt without registering as a credit repair organization. The buyer's incidental damages resulting from the seller's breach include: a. expenses reasonably incurred in inspection of goods rightfully rejected. 10.50\% & 9.99 & 9.45 & 9.15 \\ a. incidental damages. 5, 7, & 8 Review, 25 Rhetorical Devices and the 3 Persuasive Ap. The person who found it days later used it, and charged $x worth of merchandise on the card, where x >$200. a. the buyer did not purchase substitute goods in good faith and without unreasonable delay. The following, however, are examples of losses classified as special damages: Lost wages. They include expenses incurred for inspection, receipt, transport and custody of goods rejected rightfully as well as any other charges and expenses incident to the breach. c. consequential damages. Which of the following is true? Consequential damages include damages for lost profits from a contract to resell goods which the seller never delivers. They decide to purchase in the West Brook subdivision and soon after signing the papers, they discover that a large part of the neighborhood is being re-zoned to make room for a new airport. MONTHLYPAYMENTFORA$1000LOAN, AnnualInterestRateLengthofLoan(Years)\begin{array}{ c r r r} b. Can Ericson sue under a theory of unjust enrichment? a. Dana has no grounds for rescinding her agreement. d. none of the above. Cover, incidental and consequential damages. What are the requirements of undue influence? Bob, age 17, has entered into a contract to buy a car. B: Rather than seek compensation from Bill, she can seek restitution, meaning Amy seeks to recover from Bill any profit that Bill has made by means of his wrongful act (i.e., theft of trade secrets). a. Sekelow has violated the Fair Debt Collections Practices Act. a. b. Alice may rescind the agreement only if the stolen Kia is found. Perry is building his house and orders a hot water heater from Jones Co. to be installed by them. Anker had sent a letter to Allegheny in 2006 claiming physical difficulties at the mine and a change in the enforcement of regulations relating to coal mining near gas wells hampered their ability to extract coal from the mine. d. none of the above. 6] Pre-fixed damages. Paula has a job but admits that she is in over her head on credit card debt. What necessaries were provided to the minor in Yale v. Fountain? Which of the following statements is true? If the buyer makes substitute purchases in good faith and without unreasonable delay, she may recover, as damages, the difference between the cost of cover and the contract price, plus incidental damages but minus any expenses she saved because of the seller's breach. Alice, age 17, purchased a 2005 Kia auto at the Tempe Autoplex. One can pursue nominal damages for the violation of certain state law rights and also for violations of certain federal rights perhaps most prominently, violations of several federal constitutional rights. c. recover no suits since it had been more than 10 days since delivery. d. none of the above. b. d. None of the above. c. is void as usurious. As a result, many who have made pledges have decided not to fulfill the remainder of their pledges because of the inaction on the part of the relief fund in getting the funds dispersed, the buildings rebuilt, and the housing constructed. An implied-in-law contract in Yale v Fountain was between the provider and the? c. any reasonable expenses connected to the delay. The hot water heater they sent has a 45-gallon capacity, but Perry had ordered a 60-gallon capacity. d. it could not rule on the defense of the plaintiff being a minor. Tristan ordered the refrigerators in anticipation of an order he was going to receive from a custom-home builder. e. all of the above. c. Modification or limitation of remedy. Loss of irreplaceable items. The real estate agent is under no obligation to disclose the information. On February 21, Cara wrote to Pandora Mfg. 2 & 2,380 & 68.4 & 2 & 1 & 6 \\ b. file a complaint with the Federal Reserve Board. 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As to be delivered by November 1. d. none of the following contractual situations be! Has suffered, for instance, loss profits, if entered into by a minor finding substitute buyers or.! Line of credit secured by the courts, Anker said it was unable to deliver the necessary coal the in.