If the contract is silent as to the party who is to appropriate the goods__________.
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- If a price is not determined by the parties in a contract of sale, the buyer is bound to pay________________. Select one: a. the price which the buyer thinks is reasonable b. the price to be determined by a third independent person c. the price demanded by the seller d. a reasonable price(11) A agrees with B to sell "200 pairs of shoes" this agreement is..... a) Voidable b) Valid c) VoidEmilio's Italian Restaurant enters into a contract with Vino winery wherein Emilio's agrees to purchase all the wine that Vino produces for $8/bottle. a. This contract is unenforceable because it fails to specify a quantity in the contract. b. This is an enforceable contract. c. This contract will only be enforceable if every other contract terms is specified in the contract. d. This contract is unenforceable because Vino hasn't given any consideration for selling all their wine to Emilio's.
- Which of the following is false with regard to shipping contracts and destination contracts: A. A contract that provides only that goods are to be shipped "To buyer's address in California" is a shipping contract. B. A contract that provides for shipment of goods but is otherwise ambiguous as to shipment terms is presumed to be a shipment contract. C. For a destination contract, the risk of loss remains on the seller until the goods are delivered to the buyer at the buyer's location. D. Where a contract is silent as to delivery or shipment (i.e. the parties have not negotiated for shipment of the goods), the strong presumption is that the contract is deemed to be a shipment contract.Toby's Doggie Hotel enters into a contract with ABC Marketing to purchase 100 orange frisbees for $300.00. Toby's Doggie Hotel repudiates the contract and ABC later resells the frisbees to someone else for $250.00. a. ABC is not entitled to recover from Toby's Doggie Hotel b. ABC is entitled to recover $50.00 from Toby's Doggie Hotel c. ABC is entitled to recover $250.00 from Toby's Doggie Hotel d. ABC is entitled to recover $300.00 from Toby's Doggie HotelBenigno Buyer writes Francene Farmer a letter that states he is willing to purchase 1,000 pounds of apples at a price of $.50 per pound. A. How can Francene accept this contract? B. If Francene writes back stating, “Your terms are agreeable, provided you purchase a minimum of 1,200 pounds of apples.” What is the effect of Francene’s statement? Will it matter whether or not Benigno is also a merchant? C. Assume that the wholesale price of apples is $1 per pound at the time that the offer is made. If Francene accepts it, will she be likely to successfully assert a defense of unconscionably if she later refuses to honor the contract’s terms?
- 1. A contract to sell real estate is generally not enforceable unless it is in writing. a) True b) False1. Based on the facts given in hypothetical contract scenario drafted in Part 1, identify the following elements: C a Offer b. Acceptance c. Consideration d. Competent Parties e. Intention to create a binding agreement 1. Legality of Purpose43. When does the buyer obtain real right over the fruits of the determinate thing sold in a contract of sale? Group of answer choices From the moment of actual delivery of the fruits of the determinate thing sold From the moment of constructive delivery of the determinate thing sold From the moment of perfection of contract of sale From the moment of full payment of the price
- XYZ Department Store, Inc. (hereinafter, XYZ), whose headquarters are located in the state of California, agrees to purchase coffee from El Rico Café Corp. (hereinafter, Rico Café), whose headquarters are located in Maricao, Puerto Rico. After six (6) months of supplying coffee to XYZ, Rico Café decides to terminate the contract, since the purchasing company owes it $500,000.00. Rico Café decides to start legal action to claim the money owed. However, the coffee distribution contract between the parties does not provide in court as to what status a dispute between the parties would be resolved, should one arise. Imagine that Rico Café decided to present its case before the courts of the state of California and that it does not agree with the decision of the court that received the evidence presented: 3. Discuss the different typical levels of hierarchy that state courts have.4. To which court would Rico Café have to present its appeal to review the determination with which it…Which of the following is true? Select one: a) The seller or the supplier shall perform his/her deeds within the promised period, as of the moment the consumer's order is received. In any case, the period shall not exceed thirty days in the sale of goods. The contract is deemed to be automatically cancelled if the seller does not perform his/her deeds within such period. b) You have a right to withdraw form the contract (and send back the goods) in 7 days without stating any reason and without having to pay anything (including price and any type of claim for withdrawing the contract). c) A contract concluded by parties on internet is specified as a distance contract. d) Electronic commerce law only deals with sales contracts concluded in internet.Under the frustration of purpose doctrine, performance is excused when: Group of answer choices 1. something that is essential to the promisor's performance is destroyed through no fault of the promisor, but its substitute is available. 2. statutes and legislation make the performance more difficult. 3. the promisor impliedly assumes the risk that the event would occur. 4. events occur after the formation of the contract that would make the return performance of the other party worthless to the promisor.