A buyer and a seller entered into a written contract for the sale of a copy machine, using the same form contract that they had used a number of times in the past when contracting with each other. The contract stated that payment was due 30 days after delivery and provided that the writing contained the complete and exclusive statement of the parties’ agreement. In the past, the buyer had taken a 5% discount from the contract price when paying within ten days of delivery, and the seller had not objected. On this occasion, when the buyer took a 5% discount for paying within ten days, the seller objected because his profit margin on this particular machine was smaller than on his other machines. If the seller sues the buyer for breach of contract, may the buyer introduce evidence that the 5% discount was a term of the agreement?
A seller sent an e-mail to a potential buyer, offering to se…
A seller sent an e-mail to a potential buyer, offering to sell his house to her for $150,000. The buyer immediately responded via e-mail, asking whether the offer included the house’s front porch swing. The seller e-mailed back, “No, it doesn’t.” The buyer then purchased a front porch swing elsewhere and e-mailed the seller, “I accept your offer.” The seller refused to sell the house to the buyer, claiming that the offer was no longer open. Is there a contract for the sale of the house?
A contractor was hired by a homeowner to remodel the homeown…
A contractor was hired by a homeowner to remodel the homeowner’s home for $50,000, to be paid on the completion of the work. On May 29, relying on the fact that he planned to finish the work by June 1, and thus have the homeowner’s payment in hand, the contractor agreed to buy a car. The agreement stated that the contractor would buy the car “for $50,000 if payment is made on June 1, and if payment is made after, the price will be $55,000.” The contractor completed the work, adhering to all specifications on June 1 and demanded payment from the homeowner. The homeowner refused to pay, and this caused the contractor to be very upset, suffering a minor heart attack, and as a result, incurred medical expenses of $10,000. The reasonable value of the contractor’s services in remodeling the homeowner’s home was $60,000. In an action by the contractor against the homeowner, which of the following should be the contractor’s recovery?
A patient with hypothyroidism is most likely to exhibit whic…
A patient with hypothyroidism is most likely to exhibit which physical sign?
When Larry Landowner’s daughter Debbie told him that she was…
When Larry Landowner’s daughter Debbie told him that she was getting married, Larry promised to deed her a parcel of land that he owned and to have a house built on it for her as a wedding present. The following day, Larry entered into a written contract with the defendant, Carter Contractor, for the construction of a house on Larry’s land. Larry later gave Debbie a copy of the contract. An argument between Larry and Carter ensued, and Carter never built the house. Larry later deeded the land to Debbie, and she asserted a claim against Carter for failure to fulfill the obligations under his contract with Larry. The court should find for
After many months of bargaining, a toy-maker seller sent the…
After many months of bargaining, a toy-maker seller sent the following e-mail to a toy-store buyer on January 1: “The seller hereby offers the buyer 10,000 dolls at $120/dozen, packaged in shelf-ready black boxes. Terms are 50% down payment with acceptance, the balance to be paid at delivery. This offer is not revocable and will be held open until April 30.” On April 12, the seller e-mailed the buyer, “The dolls offer is withdrawn.” On April 15, the buyer responded to the seller with the following e-mail: “We accept your January 1 offer, but we want the dolls to be packaged in pink boxes. We will prepay.” The seller called the buyer upon receipt of the buyer’s e-mail and said, “We are sorry. The price has doubled for the dolls, and we cannot deliver.” In an action brought by the buyer, the court should rule in favor of
Grocer was a grocery store selling fresh fish and other food…
Grocer was a grocery store selling fresh fish and other food items. Fishy Fishy was a wholesaler of fresh fish. By a written contract, Grocer and Fishy Fishy agreed that Grocer would purchase from Fishy Fishy 100 pounds per week of a fish known as “rock lurgid” at a specified price. When Fishy Fishy made the first delivery under the contract, however, Grocer refused to accept it, complaining that the rock lurgid delivered by the seller was scmods instead, a species unrelated to lurgid. Grocer sued for breach of contract. At trial, Fishy Fishy attempted to testify that in the fresh fish industry, scmods is frequently referred to as “rock lurgid.” The testimony should be
Escribe un ensayo académico de 500-650 palabras en el que re…
Escribe un ensayo académico de 500-650 palabras en el que respondas a una de las siguientes preguntas. Tu tesis se formará según tu respuesta a la pregunta que escojas. ¿Cómo representa la película las consecuencias de la represión y las desapariciones forzadas durante la dictadura argentina? ¿Qué papel juega la adopción de Gaby en la trama y cómo refleja la problemática de apropiación de hijos de desaparecidos? ¿De qué manera la historia de Alicia ilustra la tensión entre la búsqueda de la verdad y la negación social en el contexto de la transición democrática? ¿Cómo se muestra el dilema personal de Alicia frente a la comodidad de su vida y la necesidad de enfrentar la verdad? ¿Cómo y por qué evoluciona la postura y el pensamiento de Alicia en sus interacciones con los estudiantes y con su colega profesor a lo largo de la película? …………………………………………….. Para recibir crédito completo, organiza tu ensayo de la siguiente manera: En tu primer párrafo, introduce el tema, la película, y el contexto histórico en el que ocurre. Al final de tu primer párrafo, presenta tu tesis, empezándola así: En este ensayo, voy a demostrar cómo/que… En tu segundo párrafo, resume, en tus propias palabras, la trama de la película, enfocándote en los detalles que sean más relevantes para tu tesis. En los párrafos que siguen es donde desarrollarás la evidencia para tu tesis. Debes referirte tanto a los eventos de la película como al texto secundario que hemos leído para explicar la posición que tomas en tu tesis. Es obligatorio incluir una cita directa y una cita indirecta del texto “Dossier Secreto”, de Andersen (no más de 30 palabras cada una). Introduce tus citas de forma lógica y coherente. No incluyas más de dos citas de ese texto y no cites otros textos que encuentres. Puedes citar, si quieres, de la película, pero eso no cuenta como una de las citas obligatorias. En tu párrafo de conclusión, reitera los argumentos principales y la conclusión a la que has llegado sobre la película.
Sam and Bob were neighbors who owned homes on adjoining parc…
Sam and Bob were neighbors who owned homes on adjoining parcels of realty. They were both in the business of selling art supplies, each operating an art supply store that engaged in friendly competition with the other. Sam owned a garden tractor that he used for cultivating vegetables in the backyard of his home. Bob, who wanted to plant a garden in his own backyard, sent Sam a note in which he offered to buy the tractor from Sam for $500. Sam responded on February 15 by sending Bob a letter that stated, “I will sell you my garden tractor for $600, and not a penny less. To give you time to think it over, I promise to hold this offer open until March 15.” On March 5, Bob noticed a similar garden tractor in the yard of another neighbor. He called that neighbor on the phone and offered to buy it for $500, but he said, “Are you kidding? I just bought it from Sam for $600.” On March 6, Bob went to Sam’s store with $600 in cash, and said, “I’ve decided to buy that tractor from you. Here’s the money.” Sam refused the money and told Bob that he had already sold the tractor to the other neighbor. If Bob asserts a claim against Sam for damages resulting from Sam’s refusal to sell the tractor on March 6, the court should find for
An art collector paid a gallery $1,000 to purchase a framed…
An art collector paid a gallery $1,000 to purchase a framed drawing from the gallery’s collection. The price included shipping by the gallery to the collector’s home. The gallery’s owner used inadequate materials to wrap the drawing. The frame broke during shipment and scratched the drawing, reducing the drawing’s value to $300. The collector complained to the gallery owner, who told the collector to take the drawing to a specific art restorer to have the drawing repaired. The collector paid the restorer $400 to repair the drawing, but not all of the scratches could be fixed. The drawing, after having been repaired, was worth $700. The gallery owner subsequently refused to pay either for the repairs or for the damage to the drawing. In an action by the collector against the gallery owner for damages, which of the following awards is most likely?