Posted: April 24th, 2016
In a C.O.D. contract, the buyer may fully inspect the goods before accepting them.
A seller may defend charges of breach of express warranty on the grounds that the statement was:
A. industry standard practice.
C. the seller did not intend to grant the warranty.
D. none of the above.
Wheelz retained Doug, an attorney, to reposess several utility trailers, with authority to take whatever steps were necessary to recover the trailers. Doug hired Randy RepoMan to locate the equipment. After orally reporting to Doug that he had found the trailers in Iowa, Doug instructed RepoMan to have them towed to Nebraska. RepoMan hired Ted s Towing to carry out the request. Ted s stored the trailers on its lot in Omaha, Nebraska, and RepoMan notified Doug of this fact. When it was not paid, Ted s sued Wheelz for its towing and storage services, arguing that RepoMan was a subagent capable of binding Wheelz to the towing and storage contract. Discuss.
The following is true of international agency agreements:
A. Most of the world does not share the U.S. s notion of agency at will.
B. It may be extremely difficult to terminate an overseas agent without good cause.
C. When terminations are permitted, the principal may be required to give reasonable notice and offer severance pay.
D. all of the above
LLCs are not subject to piercing of the corporate veil.
Under the Magnuson Moss Warrant Act and the FTC regulations, the seller is not required to give a written warranty.
If there is no agreement between the parties for delivery to happen in installments, then all the goods:
A. should be delivered in reasonably spaced intervals.
B. must be delivered to the buyer in a single delivery.
C. may be delivered in installments as the seller dictates.
D. none of the above
An agency can never be oral.
Seth runs David s Connecticut farm while David works as a stockbroker in New York City. Twice a year, David asks Seth for an accounting. Explain Seth s duty to provide an accounting
In an action against a manufacturer who is sued on the basis of industrywide liability for the manufacture and sale of a standardized product that caused injury after a number of years (for example, asbestos), the manufacturer may raise the following defense(s) to avoid or minimize its liability:
A. it did not manufacture the product that caused the injury to the plaintiff.
B. its market share was less than alleged by the plaintiff.
C. the risks from its product were lower than those from other products.
D. all of the above
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