2024 – 1 Beth offers to buy from Chris a used computer with a
Multiple Questions Answers – 2024
1. Beth offers to buy from Chris a used computer, with a monitor and printer, for $400. Chris says, “OK, but I must have $200 more for the monitor and printer.” Chris has
accepted the offer.
made a counteroffer without rejecting the offer.
rejected the offer and made a counteroffer.
rejected the offer without making a counteroffer.
2. Trevor and Chris form a contract by a series of e-mails culminating in the contract and their “electronic signatures” in bold. The contract otherwise is fine, and they print out “hard copies” for their records; but an issue arises as to whether this “e-contract” is a valid one. This contract is:
Invalid since the common law requires all contracts to be in paper, signed on the paper, and under seal.
Generally valid in the United States by means of the federal E-Sign law.
Valid but only if two witnesses are willing to testify that they saw each party sign electronically.
Invalid under the Statute of Frauds due to the potential for deceit.
3. Luxury Home Builders has a contract with Ricardo to build a luxury waterfront home for $17 million. The project is complete and fulfills all contract requirements, except the bathroom fixtures that were installed mistakenly were Sears fixtures instead of top-rated, gold-plated, clearly specified, Kohler ones. “My goodness, gracious, Sears,” Ricardo exclaims, when he discovers this! He is very insulted and incensed and refuses to pay a dime! Whereupon, Luxury sues him for breach of contract. The likely result will be:
Ricardo will prevail since the contract was breached as the contract specifications were not fulfilled perfectly.
Ricardo will prevail since his contract duties were completely discharged by Luxury’s breach of contract.
Ricardo will prevail and in addition to compensatory damages be able to cover emotional distress damages too.
Luxury will recover the contract price minus the amount necessary to replace the fixtures since it otherwise substantially performed and the deviation from the contract was caused by mistake.
4. Digital Products Company agrees to sell to Eagle Manufacturing, Inc., a customized software system. If Eagle materially breaches the contract, the remedies available to Digital include the right
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