Paul enters into a contract with Harry

Paul enters into a contract with Harry

11. Paul enters into a contract with Harry. Paul agrees to put a new roof on Harrys house,and Harry agrees to pay Paul $5,000. Paul is late on the payment to Sams Supply House and tells Sams Supply House that he will pay when he receives money from Harry. Sams supply house has heard this from Paul before and didnt receive money. To ensure Paul pays his payment from the money Harry pays him, Sams supply house canA.require an accord and satisfaction be entered intoB. have Harry bassign interests under the contract with Paul to Sams supply houseC. tell harry that paul is indebted to sams supply house, which automatically makes them a creditor beneficiary entitled to the paymentD. have Paul assign his interests under the contract with Harry to Sams Supply House.12. Which of the following is an example of discharge by operation of law?A. Xavier agrees to pain Ritas house for $1,000. Xavier paints ,but before Rita pays him,she files bankruptcy. As a result,Xavier doesnt get paidB. Xavier agrees to paint Ritashouse for $1,000 before Xavier can paint,Ritas house burns downC. Xavier agrees to paint Ritas house for $1,000 Rita changes her mind and asks Xavier not to paint,Xavier agreesD. Xavier agrees to paint Rita;shouse for $1,000 Rita later tells Xavier that she wont pay him. As a result Xavier decides not to paint13. Denise orally authorizes Shaun to sell her house. Shaun enters into a written agreement with Eric to sell him the house for $140,000. Both Shaun and Eric sign the contract. Denise learns of the agreement after the fact and decides she doesnt want to sell. If the contract is ruled unenforceable, the mostly likely reason is the – ruleA. parol evidenceB. farinessC.equal dignitiesD. best evidence14. Jessica orally agrees that she will sell 400 pairs of flip-flops to a customer for $600. This agreement isA.unenforceable because of the statue of fraudsB. unenforceable because of the parol evidence ruleC. enforceable because all necessary elements are metD. unenforceable because all necessary elements arent met15.Jack and Jane formed a contract in which Jack agreed to sell Jane a large amount of apples. Jack knew that Jane planned to resell the apples at the farmers market the following weekend. Jack failed to deliver the apples as promised. Jane will most likely be able to recoverA.both compensatory and consequential damagesB.punitive damages onlyC.both nominal and punitive damagesD. compensatory damages only16. Under tenant Lesters lease contract with landlord Mary,Lester must pay an extra $25 if his rent is more than five days late. This is an example of damages.A. punitiveB.nominalC.liquidatedD.consequential17.Kevin, world-renowned violinist,agrees to play at the reception for Jays wedding. Something comes up at the last minute, and Kevin delegates his duty to perform to Susan,a mediocre but professional violinist. This delegation isA. permissibleB. permissible if Susan performs wellC. permissible if Kevin also assigns to Susan the right to be paid for playingD. impermissible18.Elmer borrows money from Big Bank, who then assigns the promissory note and mortgage to Financial Institution for valuable consideration. Elmer isnt given notice of the assignment and continues to pay Big Bank. Financial Institution files suit, claiming Elmer is in default because Elmer failed to pay monthly payments to Financial Institution. Which of the following statements is true?A.financial institution was obligated to give notice to Elmer of the assignmentB.Big Bank must forgive Elmers loan because they failed to notify himC. Financial institution must pay Big Bank for the payments Elmer madeD. Elmer is in default to financial institution because he didnt pay them19. Samantha is employed by Creative Card Company. After five years of terrific employee reviews. Samantha is terminated with no notice. She feels its because of her advancing age,as she just turned 50. Samantha sues Creative Card Company for wrongful termination. The lawsuit takes four years before its finally litigated. Di=urning this time,Samantha sits at home,turning down job offers from several employers. Samantha wins her lawsuit,but she receives substantially less in damages than she was seeking. What is the likely reason for this?A. lack of punitive damagesB. the unavailability of equitable remediesC. the establishment of a quasi contractD. the failure to mitigate damages20.Bella and Connie are struggling to find jobs. They decide they want to open a child daycare center together.They se a house in the perfect neighborhood with a For Sale by Owner.┬ŁThey talk to the owner,reach an agreement,and shake hands. Just before the closing on the house, the owner decides not to sell to Bella and Connie. They tell the owner theyre going to sue him for breach of contract. Bella and Connie most likelyA. wont will because they can find another house that will work just as wellB. will win because the owner breached his agreement to sell them the houseC.wont win because they shouldnt have entered into an oral contract to buy the houseD. will win because the owner shouldnt have entered into a contract with them if he wasnt sure he wanted to sell the house


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