Review
Test
Submission:
Cumulative
Exam
Course
JURI
530-D01
LUO
Test
Cumulative
Exam
e
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limit:
2
hours
e
40
multiple-choice
and
short
answer
questions
e
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e
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Question
1
0
out
of
4
points
TriCo
contracts
with
ByCo
to
sell
300
car
engines
at
a
cost
of
$2,000
each.
TriCo
agrees
to
deliver
the
engines
in
one
installment
on
April
1.
On
March
20,
TriCo
delivers
98
engines
together
with
a
note
stating
that
the
remaining
two
engines
would
be
delivered
the
following
day.
The
next
day
TriCo
delivers
two
engines.
Is
ByCo
entitled
to
reject
the
car
engines?
Choose
the
best
answer:
Selected
Answer:
No,
TriCo
has
substantially
performed,
and
substantial
performance
is
not
breach.
Question
2
0
out
of
4
points
Seller
contracts
to
sell
Buyer
700
widgets
for
$700.
At
the
time
of
the
contract,
the
fair
market
value
for
widgets
is
$1.50
per
widget.
Buyer
pays
Seller
$700
at
the
time
of
contract.
Seller
fails
to
tender
any
of
the
widgets
on
time.
Buyer
looks
to
all
of
his
suppliers
but
cannot
find
anyone
with
the
widgets
he
needs.
This
is
problematic,
because
Buyer
has
another
contract
to
resell
the
700
widgets
to
WidgetCash,
Buyer's
biggest
and
most
important customer.
The
only
other
manufacturer
with
widgets
in
stock
is
selling
them
for
$3
per
widget.
Left
with
no
other
choice,
Buyer
buys
700
widgets
for
$3
per
widget
so
that
he
will
not
default
on
his
contract
with
WidgetCash.
Choose
the
best
answer:
Selected
Answer:
Buyer
is
not
entitled
to
any
damages.
Question
3
0 out
of
4
points
Seller
contracts
to
sell
Buyer
1,000
widgets
for
$1,000.
Buyer
pays
$1,000
for
the
widgets
at
the
time
of
contract.
At
the
time
of
the
contract,
the
fair
market
value
of
widgets
is
$1.50
per
widget.
At
the
time
of
delivery
the
fair
market
value
of
widgets
is
$2.00
per
widget.
However,
the
1,000
widgets
tendered
by
Seller
are
painted
with
the
wrong
color
of
paint,
a
defect
which
reduces
their
market
value
to
$1.25
per
widget.
Buyer
accepts
the
defective
widgets.
Selected
Answer:
Buyer
is
not
entitled
to
any
damages.
Question
4
4
out
of
4
points
Which
of
the
following
contracts
is
most
likely
to
be
enforced
by
way
of
the
remedy
of
specific
performance?
Selected
Answer:
A
contract
to
require
that
a
seller
of
real
property
convey
the
property
to
a
buyer.
Question
5
4
out
of
4
points
Manager
interviews
Candidate.
At
the
end
of
the
interview,
Manager
offers
to
hire
Candidate
on
a
one-year
contract
with
a
salary
of
$38,000,
plus
health
insurance.
Candidate
says
that
he’d
have
to
think
about
the
offer,
but
that
“I'd
agree
to
start
tomorrow
if
the
offer
was
for
$50,000.”
Manager
responds
by
saying,
“I'll
have
to
ask
my
boss
about
that
and
get
back
to
you.”
That
night,
Manager
texts
Candidate
the
message:
“Found
someone
else
for
the
position,
but
thanks
for
interviewing
and
best
of
luck.”
Choose
the
best
answer:
Selected
Answer: Candidate
cannot
accept
the
offer
for
$38,000
because
it
was
revoked
by
Manager.
Question
6
4
out
of
4
points
Seller
contracts
with
Buyer
to
sell
450
widgets
at
a
total
cost
of
9,000.
Seller
agrees
to
deliver
the
widgets
on
or
before
April
1.
On
April
1,
Seller
delivers
440
widgets
with
a
note
indicating
that
the
last
ten
widgets
necessary
to
complete
the
order
are
“on
backorder”
and
will
be
delivered
within
the
next
10
to
30
days.
Does
Buyer
have
to
accept
the
delivery?
Selected
Answer:
No,
Seller
has
substantially
performed,
but
Buyer
is
still
entitled
to
reject
the
tender
of
goods
and
sue
Seller
for
any
damages.
Question
7
0 out
of
4
points
PaintCo
contracts
to
paint
each
of
three
identical
warehouses
on
TruckCo’s
distribution
compound.
The
contract
provides
that
the
contract
price
will
be
$25,000
per
warehouse.
PaintCo
paints
the
first
two
warehouses,
but
not
the
third.
Asa
result,
TruckCo
has
to
hire
someone
else
to
paint
the
third
warehouse
for
$25,000.
Choose
the
best
answer:
Selected
Answer:
PaintCo
is
entitled
to
no
contractual
remedy
because
it
did
not
complete
performance.
Question
8
0
out
of
4
points
Seller
contracts
to
manufacture
widgets
at
a
specified
price
for
Buyer,
based
upon
technical
specifications
provided
by
Buyer.
The
technical
specifications
called
for
the
use
of
“Class
A
Widget
Adhesive.”
Seller
is
concerned
that
it
may
not
be
able
to
acquire
Class
A
Widget
Adhesive,
but
Buyer
assures
Seller
that
Buyer
can
always
find
Class
A
Widget
Adhesive
at
a
specified
price.
Thus,
the
parties
include
in
their
contract
the
following
provision:
“Seller's
obligation
to
produce
the
widgets
is
expressly
conditional
upon
Buyer
providing
20
kg
of
Widget
Adhesive
to
Seller at
$100
per
kg
by
no
later
than
July
1.”
Seller
has
promised
to
deliver
the
widgets
on
or
before
December
1.
On
April
1,
Seller
contacts
Buyer
and
states
that
Buyer
will
not
need
to
procure
the
Class
A
Widget
Adhesive,
as
Seller
has
found
an
alternative
source
at
a
lower
price.
Selected
Answer:
Seller's
April
1
communication
constitutes
an
anticipatory
repudiation.
Question
9
0
out
of
4
points
Burn!
Energy
Drink
Company
(BEDC)
markets
a
caffeinated
energy
drink
to
college
students.
It
advertises
specially
marked
six-pack
containers
of
Burn!
in
retailers
near
college
campuses,
and
includes
packaging
that
states
the
following:
“Burn!
Energy
Drink
works!
If
you
buy
this
six-pack,
and
drink
it
as
instructed,
you
can
study
all
night
long
without
needing
to
sleep!
We
guarantee
it!
If
it
doesn’t
work,
just
tell
us
and
we'll
send
you
another
six-back
of Burn!”
Bob
buys
the
six-pack,
and
drinks
all
of
it
the
night
before
his
Microeconomics
final
exam.
He
falls
asleep
at
his
desk
at
3:00
a.m.
and
doesn't
wake
up
until
after
his
exam
is
over.
Choose
the
answer
that
best
describes
any
contract
between
BEDC
and
Bob.
Selected
Answer:
Bob
and
BEDC
entered
into
a
bilateral
contract
when
Bob
purchased
the
six-pack
of Burn!
and
it
failed
to
keep
him
up
all
night.
Question
10
0 out
of
4
points
Employer
hires
Employee
to
serve
as
the
bodyguard
to
the
Employer's
president.
The
term
of
the
contract
is
one
year.
The
annual
salary
is
$75,000.
Before
the
employment
begins,
Employee
quits.
Employer
pays
a
recruiter
$3,250
to
find
a
replacement
employee.
The
recruiter
finds
a
replacement
employee
who
is
willing
to
serve
as
a
bodyguard
for
an
annual
salary
of
$80,000.
Choose
the
best
answer:
Selected
Answer:
Employer
is
entitled
to
no
damages.
Question
11
4
out
of
4
points
AlphaCo
contracts
to
sell
to
BetaCo
three
custom
storefront
signs,
complete
with
brackets,
and
to
install
all
three
signs
on
the
front
of
BetaCo’s
three
retail
locations.
Is
the
transaction
covered
by
the
Uniform
Commercial
Code?
Selected
Answer:
Yes,
if
the
contract
is
predominantly
goods.
Question
12
0
out
of
4
points
Gerard
loans
Larry
$40,000.
Larry
promises
to
repay
Gerard
in
12
months.
After
12
months,
Larry
still
has
not
repaid
Gerard.
Gerard
tells
Larry's
wife,
Linda,
that
Gerard
will
“hold
off
on
suing
your
husband
to
get
my
money
back
for
as
long
as
|
feel
like
it”
if
Linda
will
agree
in
writing
to
guarantee
Larry's
obligation to
repay
the
debt.
Linda
Signs
a
note
promising
to
guarantee
Larry's
debt.
What
is
Linda’s
best
defense
to
an
action
by Gerard
to
enforce the
guarantee?
Selected
Answer:
Linda’s
promise
was
compelled
through
duress.
Question
13
4
out
of
4
points
Shawl-Mart
places
an
advertisement
online,
using
a
social-media
company’s
advertising
distribution
system.
The
advertisement
includes
a
photograph
of
a
wool
shawl
with
the
following
message:
“Get
this
cashmere
wool
shawl,
for
$10,
only
at
your
local
Shawl-Mart!
Regularly
priced
at
$130!"
Gert sees the
advertisement
and
races
to
her
local
Shawl-Mart
to
buy
the
shawl.
When
she
tells
the
manager,
“I
want
one
of
those
shawls
|
saw
on
the
internet,”
the
manager
responds
that
they
have
sold
out
of
their
entire
inventory
of
cashmere
wool
shawls.
Gert
is
enraged.
Choose
the
best
answer.
Selected
Answer:
Gert
has
no
breach
of
contract
against
Shawl-Mart
because
the
advertisement
was
not
an
offer.
Question
14
4
out
of
4
points
Alex
hires
Betty
to
make
a
prototype
of
a
new
lawnmower
Alex
hopes
to
manufacture
and
sell.
Betty
agrees
to
have
the
prototype
ready
by June
1.
One
May
25,
Betty
calls
to
tell
Alex
that
she’s
almost
finished
but
that
it
will
likely
be
June
4th
or
5th
before
the
prototype
is
completed.
Alex
tells
her,
for
the
first
time,
that
he
was
planning
to
take
the
prototype
to
the
Lawn
Expo
in
New
York
City
on
June
3,
and
that
if
the prototype
is
not
ready
by
then,
he
will
have
wasted
the
$5,000
exhibition
fee
he
paid.
Choose
the
best
answer:
Selected
Answer:
Alex
cannot
recover
the
$5,000
exhibition
fee
because
it
was
not
reasonably
foreseeable
at
the
time
of
contract.
Question
15
4
out
of
4
points
Manager
interviews
Candidate.
At
the
end
of
the
interview,
Manager
offers
to
hire
Candidate
on
a
one-year
contract
with
a
salary
of
$38,000,
plus
health
insurance.
Candidate
asks
if
he
can
“sleep
on
it”
and
let
Manager
know
his
answer
the
next
day.
Manager
agrees.
That
night,
Manager
texts
Candidate
the
message:
“Found
someone
else
for
the
position,
but
thanks
for
interviewing
and
best
of
luck.”
Choose
the
best
answer:
Selected
Answer:
Candidate
cannot
accept the
offer
because
it
was
revoked.
Question
16
0 out
of
4
points
Linda
runs
a
manufacturing
company.
She
meets
with
Roy,
who
has
worked
for
the
company
for
40
years.
She
verbally
promises
Roy
that
if
he
retires,
the
company
will
pay
him
a
monthly
retirement
benefit
until
he
dies.
Roy
retires.
Linda
argues
that
the
alleged
verbal
agreement
is
unenforceable
because
the
Statue
of
Frauds
requires
that
it
be
in
writing.
Choose
the
best
answer:
Selected
Answer:
Linda’s
argument
will
be
successful
because
the
company
was
acting
as
a
surety
for
Roy's
well-being.
Question
17
4
out
of
4
points
Seller
and
Buyer
agree
that
Seller
will
sell
as
much
widget
glue
as
Buyer
requires
to
make
widgets
during
the
next
12
months
at
a
price
of
$2
per
gallon.
For
the
first
three
months
of
the
contract,
Buyer
requires
100
gallons
of
glue
every
month.
In
the
fourth
month,
Buyer
orders
1,200
gallons.
Seller
only
provides
100
gallons
to
Buyer,
and
Buyer
sues
for
breach
of
contract.
What
evidence
is
least
important
to
Buyer's
claim?
Selected
Answer:
Whether
Seller
subjectively
intended
that
it
would
be
required
to
sell
1,200
gallons
in
one
month.
Question
18
0
out
of
4
points
Buyer
and
Seller
enter
into
a
contract
for
the
sale
of
goods.
The
agreement
is
memorialized
in
a
completely
integrated
written
agreement.
A
dispute
between
Buyer
and
Seller
breaks
out,
and
at
trial
Buyer
attempts
to
introduce
parol
evidence.
Which
parol
evidence
is
more
likely
to
be
admitted
over
Seller’s
parol
evidence
rule
objection?
Assume
the
Uniform
Commercial
Code
applies.
Selected
Answer:
Evidence
that
the
parties’
course
of
dealing
defines
an
arbitration
term
that
directly
contradicts
the
arbitration
term
in
the
writing.
Question
19
4
out
of
4
points
Lawrence
contracts
to
sell
10,000
widgets
to
Baxter
for
$40
per
widget.
The
widgets
are
to
be
delivered
in
30
days.
At
the
time
of
contract,
it
costs
Lawrence
$30
to
make
each
widget.
The
day
after
the
contract,
one
of
the
essential
components
for
making
the
widgets,
widget
glue,
has
a
sharp
increase
in
price.
The
price
increase
means
that
it
will
cost
Lawrence
$70
to
make
each
widget
it
sells.
Accordingly,
instead
of
making
$100,000
on
the
contract,
Lawrence
will
lose
$300,000
if
he
has
to
perform
the
contract.
Choose
the
best
answer:
Selected
Answer:
Lawrence
will
not
be
successful
in
arguing
that
the
contract
is
unconscionable,
because
the
contract
was
fair
to
him
at
the
time
it
was
made.
Question
20
0
out
of
4
points
PaintCo
contracts
to
paint
one
large
warehouse
on
TruckCo’s
distribution
compound.
The
contract
provides
that
the
contract
price
will
be
$40,000.
PaintCo
paints
one
of
the
four
sides
of
the
warehouse,
but
refuses
to
complete
the
job.
As
a
result,
TruckCo
has
to
hire
someone
else
to
paint
the other
three
sides
of
the
warehouse
for
$30,000.
The
fair
market
value
of
the
work
performed
by
PaintCo
is
$10,000.
Choose
the
best
answer:
Selected
Answer:
PaintCo
is
entitled
to
no
remedy
because
it
did
not
substantially
complete
performance.
Question
21
0 out
of
4
points
Linda
runs
a
manufacturing
company.
The
company
makes
custom
computer
systems
for
users
who
play
video
games.
She
agrees
to
sell
one
of
the
“scratch
and
dent”
computers
from
the
company’s
warehouse
to
Doug,
who
is
16
years
old,
if
Doug
promises
to
pay
for
the
computer
by
picking
up
trash
in
the
company
parking
lot
every
day
after
school
for
the
entire
school
year.
Doug
picks
up
the
computer,
then
shows
up
after
school
and
picks
up
trash
for
the
first
week
of
school.
After
that,
he
never
shows
up
again
and
refuses
to
return
the
computer.
Does
the
company
have
a
breach
of
contract
claim
against
Doug?
Selected
Answer:
Neither
a
nor
b.
Question
22
4
out
of
4
points
Manager
interviews
Candidate.
At
the
end
of
the
interview,
Manager
tells
the
Candidate
that
he
will
be
in
touch.
Manager
mails
a
letter
agreement
that
offers
to
hire
Candidate
on
a
one-year
contract
with
a
salary
of
$38,000,
plus
health
insurance.
The
letter
indicates
that
the
agreement
must
be
accepted
by
January
5.
On
January
3,
Candidate
countersigns
the
letter
agreement and
mails
it
back
to
Manager.
On
January
4,
Manager
calls Candidate
and
tells
him
that
he
revokes
the
offer.
On
January
6,
Manager
receives
the
countersigned
letter
from
Candidate.
Choose
the
best
answer.
Selected
Answer:
A
contract
was
formed
on
January
3.
Question
23
0
out
of
4
points
Yans
put
his
house up
for
sale.
He
has
had
trouble
over
the
years
with
the
basement
leaking.
The
basement
only
leaks
when
there
is
heavy
rain,
so
most
of
the
time
there
is
no
water
in
the
basement;
however,
there
is
some
staining
on
the
walls
of
the
basement
from
leaks
that
have
occurred
from
time
to
time.
Before
a
potential
buyer,
Boris,
looks
at
the
house,
Yans
stacks
cardboard
boxes
up
along
the
wall
where
the
water
stains
are,
so
that
Boris
will
not
see
any
evidence
that
the
basement
leaks.
Boris
subsequently
contracts
to
buy
the
house from
Yans.
Boris
later
learns that
the
basement
leaks,
and
wants
to
void
his
contract
with
Yans.
What
is
his
best
argument?
Selected
Answer:
[None
Given]
Question
24
0
out
of
4
points
Jenna
contracts
with
Reardon
for
Reardon
to
pave
Jenna’s
employee
parking
lot
at
a
cost
of
$18,000.
Reardon
delegates
his
duty
to
perform
the
work
to
Mandy.
Mandy
paves
the
lots,
but
some
defects
in
her
work
result
in
damages
to
Jenna
in
the
amount
of
$5,000.
Selected
Answer:
Jenna
can
sue
Reardon
but
cannot
sue
Mandy
for
breach
of
contract.
Question
25
4
out
of
4
points
ITDone
is
a
software
development
company.
They
contract
to
develop
software
that
will
manage
BigBox’s
inventory.
The
contract
provides
that
the
software
will
be
developed
in
three
phases,
and
that BigBox’s
payment
will
be
due
once
the
third
phase
is
delivered
and
tested.
ITDone
completes
the
first
two
phases,
but not
the
third.
When
BigBox
refuses
to
pay
ITDone,
ITDone
sues
BigBox
for
breach
of
contract.
Assume
the
contract
is
governed
by
common
law
and
not the
UCC
Choose
the
best
answer:
Selected
Answer:
If
BigBox
argues
that
ITDone
did
not
complete
the
project,
its
argument
will
Succeed,
since
ITDone
did
not
substantially
perform
the
contract.
Question
26
4
out
of
4
points
Seller
offers
to
sell
his
home
to
Buyer
for
$180,000.
Buyer
inspects
the
home
and
mails
a
written
acceptance
letter
indicating
that
“I
agree
to
buy
the
home
for
$180,000,
including
all
of
the
furniture
and
window
treatments
in
the
house
when
|
inspected
it
today.”
Choose
the
best
answer:
Selected
Answer:
Buyer's
letter
does
not
constitute
an
acceptance,
because
it
includes
a
term
not
included
in
Seller's
offer.
Question
27
4
out
of
4
points
DeltaLLC
and
GammaCo
have
been
doing
business
together
for
several
years.
DeltaLLC
provides
accounting
services
for
GammacCo’s
construction
business.
Last
winter,
when
DeltaLLC
had
some
storm
damage
at
its
offices,
GammaCo
sent
some
workers
over
to repair
the
damage
at
no
cost
to
DeltaLLC.
The
following
summer,
GammacCo
found
itself
being
audited
by
the
IRS.
DeltaLLC
agreed
to
advise
GammacCo
during
the
audit
at
no
cost,
as
a
way
of
thanking
GammacCo
for
its
help
the
previous
winter.
Is
the
agreement
between
DeltaLLC
and
GammaCo
a
bargained-for
exchange?
Selected
Answer:
No,
because
DeltaLLC’s
promise
to
assist
in
the
audit
was
not
made
to
induce
a
return
promise
or
performance
from
GammaCo.
Question
28
0
out
of
4
points
General
Contractor
enters
into
a
contract
with
a
subcontractor
for
the
provision
of
sufficient
concrete
on
the job
site
necessary
to
complete
all
concrete
work
according
to
the
contract
specifications.
The
contract
provides
that
“any
failure
to
comply
with
the
strict
terms
of
this
contract subjects
the
subcontractor
to
a
$10,000
penalty
which
the
subcontractor
agrees
shall
be
paid
on
demand.”
Selected
Answer:
The
quoted
provision
is
an
enforceable
liquidated
damages
clause.
Question
29
0
out
of
4
points
Donnie
owns
a
parcel
of
land
called
Greenacre.
He
verbally
agrees
to
sell
Greenacre
to
Deena
for
$100,000.
The
parcel
has
a
fair
market
value
of
$80,000.
He
transfers
the
property
to
Deena,
but
Deena
never
pays
for
it.
Assume
that
the
contract
is
unenforceable
because
it
fails
to
satisfy
a
requirement
of
the
Statute
of
Frauds.
What
is
Donnie’s
best
argument?
Selected
Answer:
Donnie
should
argue
for
a
recovery
of
$100,000
on
a
restitution
theory.
Question
30
4
out
of
4
points
If
an
offeror
makes
an
offer
for
a
unilateral
contract,
when
will
the
contract
be
formed?
Selected
Answer:
When
the
offeree
completes
performance.
Question
31
4
out
of
4
points
Able
contracts
with
Baker
for
Able
to
paint Baker's
two-story
house.
The
price
is
$2,500,
payable
on
completion
of
the house.
Prior
to
the
contract,
Able
met
with
Baker,
looked
at
the
house,
and
discussed
the
kind
of
paint
that
Able
would
use
and
the
timing
of
the
completion
of
the
work.
Able
starts
painting
the
house
on
Monday
morning.
Monday
afternoon,
after
Able
has
painted
only
one
side
of
the
house,
Able
tells
Baker
that
he
will
require
an
additional
$500
to
finish
the
job.
Baker
promises
to
pay
Able
$3,000
upon
completion
of
the
house.
Choose
the
best
answer:
Selected
Answer:
The
contract
is
unenforceable
because
Able
had
a
pre-existing
duty
to
paint
the
entire
house.
Question
32
4
out
of
4
points
Buyer
and
Seller
enter
into
a
contract
for
the
sale
of
goods.
The
agreement
is
memorialized
in
a
completely
integrated
written
agreement.
A
dispute
between
Buyer
and
Seller
breaks
out,
and
at
trial,
Buyer
attempts
to
introduce
parol
evidence.
Which
parol
evidence
is
more
likely
to
be
admitted
over
Seller’s
parol
evidence
rule
objection?
Assume
the
CISG
applies.
Selected
Answer:
All
of
the
above.
Question
33
0 out
of
4
points
TriCo
contracts
with
ByCo
to
sell
300
car
engines
at
a
cost
of
$2,000
each.
TriCo
agrees
to
deliver
the
engines
in
three
installments
of
100
engines
each
on
or
before
April
1,
May
1,
and
June
1.
On
April
1,
TriCo
delivers
89
engines
together
with
a
note
stating
apologizing
for
the
eleven
missing
engines
but
stating
that
all
future
deliveries
would
be
complete
and
timely.
Does
ByCo
have
to
accept
the
first
installment
of
engines?
Selected
Answer:
No,
TriCo
has
substantially
performed
and
ByCo
is
still
entitled
to
reject
the
tender
of
goods
and
sue
TriCo
for
any
damages.
Question
34
4
out
of
4
points
Boss
desires
to
hire
Laborer
to
spread
landscaping
mulch
around
an
office
building.
Boss
tells
Laborer
that
he
will
pay
him
$140
when
the
work
is
completed.
Assume
that
Boss
makes
it
clear
that
performance
is
the
only
manner
of
acceptance
that
is
invited.
After
three
hours
of
work,
Laborer
has spread
about
half
of
the
mulch
around
the
office,
as
directed.
Boss
tells
Laborer
that
he
will
not
pay
him
anything
and
to
leave
the
job
site.
Selected
Answer:
The
Boss
has
not
effectively
revoked
his
offer
because
it
is
irrevocable
during
the
course
of
Laborer’s
performance.
Question
35
4
out
of
4
points
A
contracts
to
sell
100
flashlights
to
B.
The
contract
price
is
$600.
B
wrongfully
refuses
the
flashlights
when
A
delivers
them
and
refuses
to
pay
for
them.
A
resells
the
flashlights
for
$500.
Choose
the
best
answer:
Selected
Answer:
Ais
entitled
to
damages
in
the
amount
of
$100.
Question
36
0
out
of
4
points
Drywall,
Inc.
contracts
to
install
drywall
on
GC,
LLC’s
residential
construction
project.
Their
contract
provides
that
“GC,
LLC
shall
pay
Drywall,
Inc. in
full
for
the
work
performed
within
30
days
of
GC’s
payment
from
the
Owner
of
the
project.”
Drywall,
Inc.
completes
the
work.
However,
GC,
LLC’s
contract
with
Owner
is
terminated,
and
Owner
never
pays
GC,
LLC
for
the
drywall
work
provided.
Choose
the
best
answer:
Selected
Answer:
GC,
LLC's
duty
to
pay
Drywall,
Inc.
was
conditioned
upon
payment
from
the
Owner,
and
GC,
LLC
had
a
duty
to
ensure
that
the
condition
occurred.
Accordingly
Drywall,
Inc.
has
a
contract
claim
against
GC,
LLC.
Question
37
Needs
Grading
RonkO
sells
boxing
gloves.
It
contracts
to
sell
100
pairs
of
leather
boxing
gloves
to
Golden
Fist
Gym,
LLC
(GFG)
at
a
price
of
$30
per
pair.
RonKO
packs
the
gloves
to
be
delivered
and
hires
a
delivery
company
at
a
cost
of
$225
to
transport
the
gloves
to
GFG’s
offices.
Prior
to
the
date
of
delivery,
GFG
cancels
its
order.
RonKO
tells
the
delivery
company,
which
agrees
to
return
the
gloves
to
RonKO
but
charges
an
additional
$225
fee
for
doing
so.
RonKO
resells
the
gloves
to
another
customer
at
the
market
price
of
$25
per
pair.
What
are
RonKO’s
damages?
Fully
explain
your
answer,
including
any
rule(s)
that
supports
it.
Selected
Answer:
Response
[None
Given]
Feedback:
Question
38
Needs
Grading
Snowplow,
Inc.
provides
snowplowing
services
to
Boxes,
LLC,
which
owns
a
large
retail
store
with
a
substantial
customer
parking
lot.
The
contract
between
Snowplow
and
Boxes
provides
that
Snowplow
will
provide
“prompt
snowplowing
services
at
the
Boxes,
LLC
parking
lot,
as
frequently
as
required,
at
Snowplow,
Inc.’s
sole
discretion.”
Snowplow
does
not
always
have
the
driveway
plowed
as
early
and
as
frequently
as
Boxes,
LLC
would
like.
How
frequently
does
Snowplow,
Inc.
have
to
provide
service?
Fully
explain
your
answer,
including
any
rule(s)
that
supports
it.
Selected
Answer:
[None
Given]
Response
Feedback:
[None
Given]
Question
39
Needs
Grading
Kinway
Transportation
(Kinway)
is
a
private
courier
company,
specializing
in
transporting
manufacturing
and
medical
equipment
across
the
United
States
on
an
expedited
basis.
One
of
Kinway’s
drivers
falls
asleep
at
the
wheel
and
collides
with
a
semi-truck
owned
by
BoxCar
Services
(BoxCar).
The
collision
causes
substantial
damages
to
the
BoxCar
truck,
trailer,
and
the
cargo
contained
in
the
trailer.
Counsel
for
BoxCar
threatens
Kinway
that
if
a
settlement
is
not
reached
within
48
hours,
BoxCar
“is
going
to
sue
Kinway
for
every
penny
it
owes,
and
the
publicity
that a
lawsuit
will
bring
will
not
help Kinway’s reputation
for
safe
driving.”
Kinway
enters
into
a
settlement
agreement
with
BoxCar.
Weeks
later,
Kinway
seeks
to
avoid
performing
the
contract,
claiming
that
it
entered
into
the
contract
under
duress.
Do
you
think
Kinway’s
argument
will
be
successful?
Fully
explain
your
answer,
including
any
rule
or
rules
that
support
it.
Selected
Answer:
Response
[None
Given]
Feedback:
Question
40
Needs
Grading
Tammy
manages
a
medical
practice.
She
contracts
with
Medical
Waste
Solutions
(MWS)
to
remove
all
medical
waste,
a
task
that
necessitates
compliance
with
legal
requirements
for
disposal
at
the
end
of
each
business
day.
Tammy
wants
to
ensure
that
the medical
waste
generated
by
the
facility
is
removed
between
5:00
and
6:00
every
day,
and
that
if
for
any
reason
it
is
not,
that
MWS
will
have
an
employee
on
call
who
will
pick
up
the
waste
before
Tammy
leaves
each
day
at
6:30.
The
salesperson
for
MWS
tells
Tammy
that
they
have
someone
on
call
24
hours
a
day,
seven days
a
week,
and
that
they
will
pick
up any
medical
waste
within
an
hour
of
receiving
a
call.
Feeling
confident
that
MWS
will do
a
good
job,
Tammy
signs
a
one-year
contract.
However,
the
contract
between
the
medical
practice
and
MWS
includes
a
provision
that
only
requires
that
MWS
pick
up
any
uncollected
waste
“within
48
hours
of
receiving
written
or
telephonic
notice
from
the
customer.”
The
contract
is
completely
integrated.
Tammy
wants
to
know
whether
the
term
in
the
writing
or
the
term
assured
to
her
by
the
salesperson
controls.
Fully
explain
your
answer,
including
any
rule(s)
that
supports
it.
Selected
Answer:
[None
Given]
Response
Feedback:
[None
Given]
_
Sunday,
May
3,
2020
4:24:23
PM
EDT
