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The liability of a buyer for the purchase price of goods is terminated by the fact that the
buyer gave the buyer's agent the purchase price to remit to the seller.
A new state law mandates that all employers must prohibit smoking on employer
premises. The law further provides that any employer who allows an employee or a
client/ customer to smoke on its premises is subject to a court order requiring the
employer to enforce the law. Describe this statute in terms of all possible classification
methods.
A contract for the sale of goods with a price of $500 or more requires written proof to
be enforceable.
The making of an assignment relieves the assignor of any and all obligations existing
under the original contract.
For the past century, the United States Supreme Court has generally followed the
"living document" view in interpreting the Constitution.
For ratification to occur, the agent must have purported to act on behalf of, or as agent
for, the identified principal.
ERISA requires that employers make contributions to their pension funds on a basis that
is actuarially determined so that the pension fund will be large enough to make the
payments that will be required of it.
An insurer may cancel any contract of insurance by the insurer's unilateral act as long as
the insurer gives advance written notice.
Offers, acceptances of offers, and revocations of offers are all effective when mailed in
a properly-addressed envelope bearing the proper amount of postage.
One promise may serve as consideration for many return promises.
A divestiture order is a decree ordering a defendant to dispose of excessive ownership
or control of interests in competing enterprises.
In order to be valid, an accountant's disclaimer of liability must be (1) clear and
unambiguous and (2) non-conspicuous.
An ordinary gift made between two living persons is an inter vivos gift.
The fact that an item may be unplugged conclusively indicates that the item is not a
fixture.
A discharge will release a debtor from liability for alimony and child support.
The term "cyberspace" describes the World Wide Web and Internet communication.
A tenant cannot claim that there has been a constructive eviction if the tenant continues
to occupy the rented premises.
Beth Roberts purchased a "new" car from Honest John's Car Lot six months ago. The
sales agreement expressly described the vehicle as a new car, and all usual factory
papers accompanied the sale. However, Beth discovered that the car actually was
acquired by Honest John's from another dealer who had used it as a demonstrator and
loaned it to business friends on a regular basis. The car had more than 10,000 miles on
it, a fact that had been concealed by turning back the odometer. Beth also discovered
that Honest John's apparently had engaged in this practice before. Beth is suing for
breach of contract. She is asking for compensatory damages equal to the difference
between the new car price she paid and the average price the vehicle would have
brought as a used car. In addition, she is asking for damages in the amount of $5,000.
Honest John's attorney has told Beth that she will fight both claims and has advised
Beth that the court will not award $5,000 as punitive damages for such a suit. What do
you think?
The principle behind the quasi contract is to prevent unjust enrichment.
