The common carriers delivery of the goods


1. Tom's Timber Outlet and Olivia, a consumer, enter into a contract for a sale of plywood. If the contract includes a clause that is perceived as grossly unfair to Olivia, its enforcement may be challenged under

  • the mirror image rule.
  • the principle of fair trade.
  • the predominant-factor test.
  • the doctrine of unconscionability.

2. Mitchell orally agrees to pay Lorena to plant and harvest a quarter of Mitchell's farm acreage for four soybean seasons. After Lorena prepares the land and plants the first crop, Mitchell says that their deal is off. Lorena can most likely recover

  • in quasi contract.
  • nothing.
  • in restitution.
  • on the parties' existing contract.

3. Based on Bluto's conduct, Cass reasonably believes that Dee has the authority to act on Bluto's behalf even though Dee does not have the actual authority to do so. Cass makes a paymnet to Dee for Bluto. Dee keeps the money and disappears. Bluto

  • can demand that Cass make a repayment directly to Bluto.
  • can obtain damages from Cass for Dee's misconduct.
  • may be estopped from denying that Dee had authority.
  • must repudiate Dee's misconduct to avoid liability.

4. Desiree signs a contract with Elena to kill Francois. Desiree pays Elena but she refuses to perform. Desiree can

  • do nothing with respect to the contract.
  • enforce the contract or recover the payment.
  • only enforce the contract.
  • only recover the payment.

5. Chelsea, an agent for Bountiful Seafood, Inc., has often done business with Alvin's Dockside Diner on Bountiful's behalf. When Chelsea and Bountiful terminate their agency, to avoid liability for later deals, Alvin's must be notified by

  • Chelsea and Bountiful.
  • Chelsea only.
  • Bountiful only.
  • no one.

6. Nashville Harmonies, Inc. and Taylor enter into a contract for Taylor to write six songs for which Nashville agrees to pay her. Taylor transfers her right to payment under the contract to Omni Entertainment Agency. In the transfer of rights, Taylor is

  • a delegator.
  • an assignor.
  • an obligor.
  • an alien

7. Without authorization, Rolf contracts on behalf of Sari to have Tige paint the interior and exterior of Sari's house. Sari ratifies the contract. Later, Sari tries to rescind the part of the contract relating to the exterior. This attempt will be

  • partly successful.
  • partly unsuccessful.
  • totally successful.
  • totally unsuccessful.

8. Nutrition Services, LLC, and Oneida's Catering & Cafe Supply Company sign a written contract that does not involve a sale of goods. To be enforceable, the writing must include

  • a correct title, such as "Service Contract."
  • all essential and non-essential terms.
  • a statement of the consideration.
  • a description of the parties' businesses.

9. Over the course of a year, Mom's Appliance Company sells its wares to customers to whom it extends credit. Mom's orders the appliances from NET Appliance Depot's warh tehouse, from whiche items are shipped via common carrier to Mom's customers. Article 2 of the UCC governs.

  • all of the parties' sales of the goods.
  • Mom's extension of credit.
  • NET's storage of the goods.
  • the common carrier's delivery of the goods.

10. A contract between Drill-Bit Sharpeners, Inc., and East Oil Mining Corporation contains a clause stating that any assignment is "void." This ordinarily prohibits

  • any assignment.
  • no assignment.
  • only an assignment of contract rights to personal services.
  • only an assignment that would change the obligor's risk.

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Business Law and Ethics: The common carriers delivery of the goods
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