Posted: November 9th, 2016

Someone who recovers damages for breach of contract typically can recover: a) Only those compensatory damages/losses that can be proven with reasonable certainty

34. Someone who recovers damages for breach of contract typically can recover: a) Only those compensatory damages/losses that can be proven with reasonable certainty. b) For all consequences of the breach, e.g., pain and suffering, whether or not the damages are foreseeable. c) Only for foreseeable damages. d) Punitive damages. 35. A orally offered to sell B 100 premium-grade blue ink ballpoint pens, but neglected to state the price. B accepted via letter. A received the acceptance letter, but immediately thereafter, A tried to get out of the deal. Assume that A and B are both merchants, as defined under the UCC. At this point which of the following is most likely to be true about this agreement between A and B? a) There is no valid contract because the offer is too indefinite. b) There is no valid contract because any offer for the sale of goods must be in writing and signed by both parties. c) There is a valid, enforceable contract. d) There is a valid, enforceable contract only if either A or B are engaged in international business which makes the agreement subject to CISG (Contract for International Sale of Goods) rules. 36. Leon, a bank vice president, joined Fitness Center, Inc. (FC). He signed a contract stating, among other things, an exculpatory clause that FC…“shall not be liable for any claim, demand, cause of action of any kind whatsoever for, or on account of death, personal injury, property damage or loss of any kind resulting from or related to Member’s use of facilities or participation in any sport, exercise or activity within the club premises…” Leon sustained head injuries when a treadmill on which he was walking collapsed at FC. Leon sued FC for his injuries. The court most likely will rule: a) In favor of Leon because the exculpatory clause is against public policy. b) In favor of Leon because the exculpatory clause is too broad in scope. c) In favor of FC because the exculpatory clause is not unconscionable under the circumstances. d) In favor of FC because it had a valid enforceable contract with Leon as Leon knowingly signed the contract. 37. Supermarket offered to buy 1000 boxes of yogurt from Foods Co. The offer did not state a specific delivery date. 9 weeks later, Supermarket still had not heard from Foods, nor had Foods shipped the goods. At this point, Supermarket: a) Can do nothing but wait to hear an acceptance or rejection from Foods before Supermarket can revoke the offer. b) Can assume that Foods does not intend to accept the contract and is free to buy to yogurt from another supplier. c) Must accept the goods when they arrive, unless Supermarket has relocated. d) Must accept the goods when they arrive unless Foods has clearly rejected the offer.