Landscape Company – Business Law Final Exam
The key terms in this Business Law course include Landscape Company.
____ 1. A landscape company guaranteed that trees would remain alive for one year, but a hurricane killed several trees. The landscape company:
a. must replace the trees if there is no “Act of God” contractual provision.
b. is not responsible because there is no “Act of God” contractual provision.
c. is not responsible if they acted in good faith and fair dealing.
d. is not responsible because the owners assumed the risk of loss.
____ 2. A party to a contract must disclose information in which of the following situations?
a. Unknown defect to the buyer that the seller knows about.
b. Confidential relationship between the parties and there is a failure to disclose.
c. Active concealment by the seller.
d. All of the above.
____ 3. The requirement that a party injured by a breach of contract minimize their damages is called:
a. the duty to capitalize damages
b. the duty to mitigate damages
c. equitable estoppel
____ 4. When a buyer assigns the right to goods under a contract, the buyer’s liability to make payment to the seller is:
a. transferred to the third party.
b. terminated.
c. still in effect.
d. split with the third party.
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On April 15, Morgan sent a letter to Clark offering to sell her business to Clark for $200,000. The offer stated that it would expire on May 1. On April 30, Morgan sent another letter to Clark that stated that she was withdrawing the offer. Clark received that letter on May 1. Also on April 30, Clark sent a letter to Morgan accepting the offer. Morgan received that letter of acceptance on May 1. Morgan refused to sell the business to Clark, claiming that no contract had been entered into. Clark brought suit to enforce the contract against Morgan. Based on what you have learned in this chapter, decide the probable outcome of the case?
Jones and Clark entered into a written contract for the purchase of an apartment building by Clark. The contract was carefully drafted to set forth the agreement of the parties. It was signed by both parties. Clark subsequently claimed that the contract did not cover all the terms included in the written and oral agreements that the parties had made during their prior negotiations. Jones claimed that the parol evidence rule barred proof of all of their prior agreements. Which claim would be upheld in court?
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An art collector commissioned an artist to create a sculpture for the collector. The artist wanted a substantial amount of money for the sculpture. This caused the collector some worry regarding possible dissatisfaction with the artwork once it was completed. To ensure that payment would be made only if the collector was satisfied with the sculpture, a condition was written into the commission contract. It required that the collector would have to be satisfied with the artwork, relying on the collector’s taste and judgment, before an obligation of payment would be created. The artist never imagined that a collector could possibly refuse a creation of his and allowed the condition to be placed within the contract.
At the completion of the sculpture, the collector claimed that she did not care for the artwork and therefore refused to pay. Can the artist force payment in this situation? Would it help if the artist could establish that the collector does approve of the sculpture but has temporarily run short on funds and that this is the motivating factor in refusing to accept the sculpture?
Kentucky Lumber and Mill Work Company contracted to supply Rommell Company mill work for use in the construction of a school building. While the work was in progress, the Kentucky mill was destroyed by fire. For two months thereafter, Kentucky Lumber and Mill Work Company supplied Rommell with mill work purchased by it from a third party. The Kentucky mill did not wish to continue this plan and declared that the contract was ended. Rommell brought an action against Kentucky Company to enforce the contract. How will the court decide?
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____ 1. A landscape company guaranteed that trees would remain alive for one year, but a hurricane killed several trees. The landscape company:
a. must replace the trees if there is no “Act of God” contractual provision.
b. is not responsible because there is no “Act of God” contractual provision.
c. is not responsible if they acted in good faith and fair dealing.
d. is not responsible because the owners assumed the risk of loss.
____ 2. A party to a contract must disclose information in which of the following situations?
a. Unknown defect to the buyer that the seller knows about.
b. Confidential relationship between the parties and there is a failure to disclose.
c. Active concealment by the seller.