Posted: April 24th, 2016
The following is/are true of anticipatory repudiation:
A. It directs that when one party repudiates the contract by advising the other party that it does not intend to perform its obligation, the other party may suspend performance.
B. It can be withdrawn by clearly indicating that the repudiating party does, in fact, intend to perform its obligations.
C. Withdraw must be done before the other party has canceled the contract or materially changed position.
D. all of the above
An employer may be liable for the intentional tort of an agent:
A. if the agent s intentional tort was encouraged by the principal.
B. if the employer should
foreseen the intentional tort.
C. if the intentional tort of the employee was committed within the scope of employment.
D. both (a) and (b).
Generally, notice to the agent is notice to the principal if it relates to the business of the agency.
Tom Tune purchased a new radio that was warranted to be free from manufacturing defects or defects in workmanship for a period of six years. Five years after Tom purchased the radio, he was burned when the radio spontaneously caught fire as a result of a manufacturing defect. Under these circumstances, which of the following statements is most correct?
A. Tom is entitled to recover the difference between the price of the defective radio and its value as warranted, but Tom cannot recover damages for personal injuries unless the contract expressly provided for such recovery.
B. Tom is entitled to recover damages for personal injury as consequential damages but he cannot recover damages for the loss in value of the radio.
C. Tom can recover damages for loss in value of the radio and can recover damages for personal injury as consequential damages for breach of warranty.
D. Tom cannot recover damages from the manufacturer under these facts because his action is barred by the U.C.C. statute of limitations
Under the UCC, list three remedies available to a seller when a buyer breaches a contract
A buyer can accept only part of a commercial unit, without accepting the whole unit.
Buyer, who owns a grocery store, orders bananas from a fruit wholesaler. The bananas arrive, but they are much too ripe to sell in the grocery. Buyer rejects the bananas and promptly notifies the fruit wholesaler of his rejection. What are Buyer s responsibilities regarding the bananas?
A. Buyer must follow any reasonable instructions the seller gives concerning the disposition of the bananas because Buyer is a merchant buyer and seller a merchant seller engaged in the business of selling fruit.
B. Under the UCC, if the seller gives no instructions as to the disposition of the bananas, Buyer must make a reasonable effort to sell them on the seller s behalf since they are perishable goods.
C. neither (a) nor (b).
D. both (a) and (b).
Place an order in 3 easy steps. Takes less than 5 mins.