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Punitive damages are generally available in contract disputes.
Adequacy of consideration refers to how much consideration is given.
Defeasible means capable of being terminated.
Pam borrows $5,000 from Quality Auto Sales to buy a car. When Pam does not pay the
loan or return the car, Quality wants to transfers the right to the payment to Rapid
Collection Agency. Rapid agrees to pay Quality for this right, but for a price that is less
than the amount owed. Can Quality transfer this right to Rapid without Pam's consent?
If so, and Quality committed fraud in the deal with Pam, could Pam legitimately refuse
to pay Rapid? Explain.
In sales law, failing to examine the goods and refusing to examine the goods are
considered the same thing.
Surface and subsurface rights cannot be separated.
A joint tenant's sale of his or her interest terminates the joint tenancy.
An assumption of risk defense does not require that a risk be voluntarily assumed.
Colby contracts in writing to sell his 2005 Dodge-brand pick-up truck to Efrem for
$10,500. Colby agrees to deliver the truck on Friday, and Efrem promises to pay the
$10,500 on the following Monday. On Thursday, Efrem tells Colby that he changed his
mind and will not buy the truck. Over the weekend, Efrem changes his mind again and
tenders $10,500 to Colby on Monday. Colby has not sold the truck to another party but
refuses the tender and refuses to deliver. Efrem claims that Colby has breached their
contract. Colby contends that Efrem's repudiation released him from his duty to perform
under the contract. Who is correct, and why?
A bank cannot recover from a party who cashes a check bearing a forged indorsement
once the bank has accepted and paid the item.
A liquidated damages provision is the same thing as a penalty provision.
An implied warranty of merchantability does not necessarily arise in every lease by a
merchant who deals in goods of the kind leased.
The checks and balances in the U.S. Constitution prevent any one branch of
government from exercising too much power.
The business rules and regulations issued by administrative agencies rarely change.
A seller's price list is NOT an offer.
