Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
Tune Products, Inc., offers to sell to Unlimited Sales Company one hundred MP3
players at $50 a piece, subject to certain specific delivery dates. Unlimited replies with
a signed purchase order that reads, "Accept your offer for 100 I-appliances at $50 each.
Must be delivered to our warehouse." Tune does not respond or deliver the goods.
Unlimited files a suit for breach of contract, to which Tune answers that there is no
contract because Unlimited's purchase order contained additional terms and is not
signed by Tune. Can Unlimited recover? Explain.
If a contract specifies a certain carrier, a substitution of a different carrier for any reason
breaches the contract.
Procedural due process requires that any taking of a person's life, liberty, or property by
government must be made fairly.
Restitution involves one party's recapture of a benefit through which another party has
been unjustly enriched.
A trade association practice or agreement that restrains trade is analyzed under the rule
of reasons.
An executor is a personal representative appointed by a court for a decedent who dies
without a will.
Every portion of every meeting of a federal administrative agency does not have to be
open to public observation.
Misrepresentation of a material fact can occur through silence.
Damages are awarded for whatever injury a nonbreaching party suffers, whether or not
the breaching party could have foreseen the injury.
A creditor's extension of time to a debtor for making payment, without the consent of a
surety, may discharge the surety.
A creditor with an artisan's lien on property can foreclose on, and sell, the property to
satisfy the debt.
A defendant may be relieved of liability by showing that a criminal act was necessary to
prevent an even greater harm.
Federal statutes provide the basis for issuing regulations to control water pollution.
Advertising will not be deemed deceptive so long as it appears to be based on factual
evidence, even if it is not.
Liquidated damages are damages that are certain in amount.
A tenant is not responsible for the ordinary wear and tear of leased premises.
