Posted: April 10th, 2016

When goods are defective and the buyer provides the seller with notice, the buyer may recover what ?

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24
Nov
What is the strategy? Provide your own example of an equation that requires that you apply all 4 parts of the strategy. Solve your equation and identify the property that you are applying with each step. Try to challenge yourself with your example choice (in other words, try not to make it too simple).
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Q 1 What is the strategy? Provide your own example of an equation that requires that you apply all 4 parts of the strategy. Solve your equation and identify the property that you are applying with each step. Try to challenge yourself with your example choice (in other words, try not to make it too simple).
Q2 Sometimes solving an equation can be made easier by simplifying the terms in the equation before solving it.

How does the knowledge of simplifying an expression help you to solve an equation efficiently? Provide an example of two types of equations: 1) contains fractions on both sides; 2) contains decimals on both sides. Demonstrate the strategies that can be used to simplify the solution process. Explain the process that you used.
21
Nov
Once a buyer has accepted goods, she cannot later reject them, unless at the time they were accepted, the buyer had reason to believe that the nonconformity would be cured.
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Question 1
Once a buyer has accepted goods, she cannot later reject them, unless at the time they were accepted, the buyer had reason to believe that the nonconformity would be cured.
True
False

Question 2
An agency relationship arises when the agent acts for the benefit of and under the direction of the principal.
True
False

Question 3
Jon, a high school senior, bit into a turkey bone in a bite sized cube of white turkey meat in his high school cafeteria. He felt something in his throat and after some effort expelled a small
21
Nov
The test of an agent s implied authority is:
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Question 1
The test of an agent s implied authority is:
A. the justifiable belief of the agent.
B. the specific language the principal used in granting the authority.
C. whether the authority is also apparent.
D. none of the above

Question 2
If a seller wishes to be relieved of the responsibility for implied warranties, the sales contract must clearly provide that the parties did not intend the implied warranties to become part of the contract.
True
False

Question 3
Briefly describe the doctrine of responde at superior

Question 4
A seller may create an express warranty by merely stating an opinion.
True
False

Question 5
The following is true of a LLC:
A. It is a separate legal entity.
B. Members often share management power.
C. Members are not personally liable for the wrongful acts of others.
D. all of the above

Question 6
A fundamental advantage of the corporate form over the partnership form is that:
A. partnership earnings are subject to double taxation.
B. corporations can more easily hold property over long periods of time.
C. the formalities involved in operating a corporation tend to be less.
all of the above.
D. all of the above

Question 7
For ratification to be effective, the principal:
A. need not have capacity.
B. must have had capacity to do the act at the time it was done in the principal s name and when ratification occurs.
C. needs to only have capacity at the time the act is ratified, not at the time it was done in the principal s name.
D. none of the above

Question 8
If the goods are in the buyer s possession when the buyer breaches the contract, the seller may recover the purchase price.
True
False

Question 9
Agents may not delegate acts that involve no judgment or discretion.
True
False

Question 10
Bev ordered an alabaster colored mink coat from Poe s Furs. The coat had been specially made because she requires an unusually large size and requested a particular styling. The coat cost $5,500, of which Bev paid $250. Several months later, she decided that she did not want the coat and canceled the order, even though Poe s had completed the coat. Poe s then filed suit for the balance of the purchase price. What can Bev argue in defense?
21
Nov
When goods are defective and the buyer provides the seller with notice, the buyer may recover:
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Question 1
When goods are defective and the buyer provides the seller with notice, the buyer may recover:
A. consequential damages.
B. incidental damages.
C. the difference between the value of the goods received and the value the goods would have had if they had been as warranted.
D. all of the above.

Question 2
Explain the elements for the creation of an express warranty

Question 3
Generally, it is easier to preserve goodwill in a corporation as owners change than it is in a partnership or sole proprietor ship.
True
False

Question 4
A gratuitous agent is one who:
A. freely substitutes her judgment for that of the principal.
B. acts without pay.
C. requires a generous tip.
D. none of the above

Question 5
A statute of repose:
A. bars the bringing of a tort based product liability suit after a certain number of years.
B. usually gives people one to two years from the date they discover their injury in which to bring suit.
C. neither (a) nor (b).
D. both (a) and (b).

Question 6
When a general partner sells her partnership interests, the purchaser:
A. is granted automatic partnership by operation of law.
B. does not become a partner until he is unanimously accepted by the other partners.
C. is granted partnership only after he divests all interests in other general partnerships.
D. none of the above.
A. is granted automatic partnership by operation of law.
B. does not become a partner until he is unanimously accepted by the other partners.
C. is granted partnership only after he divests all interests in other general partnerships.
D. none of the above.

Question 7
Under the UCC, a lawsuit for breach of a sales contract must be filed:
A. as soon as the breach is detected.
B. within four years after the breach occurs.
C. within ten years after the breach occurs.
D. none of the above

Question 8
If a buyer has a basis for rejecting a delivery of goods, the buyer must act within a reasonable time, but does not need to give the seller notice of rejection.
True
False

Question 9
The following have capacity to be an agent:
A. a minor.
B. partnerships.
C. corporations.
D. all of the above

Question 10
Kyle, a manufacturer of cribs and various kinds of furniture for children, sold 100 cribs to Tara, the owner and operator of a store that specialized in the sale of such items. The sale was accomplished pursuant to a typewritten contract entered into by both parties. You are to assume that the implied warranties of merchantability and fitness for a particular purpose would apply to the transaction, unless such warranties were effectively disclaimed. The parties typewritten contract included, in a prominent position, a term that was in all capital letters, unlike the rest of contract, which was in standard type. The term read: Seller hereby disclaims all implied warranties. On these facts, Kyle has probably made an effective disclaimer of:
A. A. the implied warranty of merchantability and the implied warranty of fitness for a particular purpose.
B. neither the implied warranty of merchantability nor the implied warranty of fitness for a particular purpose.
C. the implied warranty of fitness for a particular purpose, but not the implied warranty of merchantability.
D. The implied warranty of merchantability, but not the implied warranty of fitness for a particular purpose.