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Sales & Consumer Protection Exam




Question;1.;Jake orders a sound system;from a catalogue. The catalogue description says that the sound system has a;remote control. When the computer arrives, Jake discovers there's no remote;control for this sound system. Jake may sue for breach of __________________.;2.;Bob enters into a contract to;sell a furnace to Carl and also agrees to install it. Bob and Carl have a;dispute over the contract. The contract will be governed by;3.;Carl receives a box of teddy;bears in the mail. He didn't order them and has had no prior dealings with the;company. The shipment contains a writing that states that if Carl doesn't;reject the teddy bears and send them back, Carl must pay $129 for the teddy;bears. Which of the following statements is true?;4. Maryand George;enter a contract in which George agrees to sell Mary lassos made in his;lasso factory in Bedford Falls, New York. Mary;lives in Los Angeles, California.Thecontract;expressly states that the sale is F.O.B. (free;on board) Los Angeles, California. The lassos;are damaged during transport between Bedford;Falls and Los Angeles. Whobearsthe risk;of loss?;5.;Zeke orally agrees to sell a;video game to Molly for $200. Zeke then changes his mind and tells Molly the;deal is off. Molly sues, claiming breach of contract. Both parties tell the;court there was an oral agreement for $200. The most likely result is that;6.;Jake bought a motorcycle from;his neighbor Randy. Randy had owned the motorcycle;for his personal use for about two years. The;day after the purchase, Jake is seriously;injured after the motorcycle suddenly veers off;of the highway due to a manufacturing;defect. Jake brings a strict liability action;against Randy. Jake will likely lose because;7.;Tom agrees to sell 500 pairs;of pants to Sally for $5,000. Tom delivers the pants. Sally hands Tom a check.;Tom demands cash and refuses to accept the check. Which of the following;statements is true?;8.;Barbara steals a big plasma;television from Abby. Barbara then puts an ad in the classifieds to sell the;television. Candy responds to the ad and purchases the television for $2,000.;Candy later filesbankruptcyand, to raise money to pay;Candy'screditors, the;bankruptcy trustee sells Candy's television at auction to Donna for $1,600. Due;to an anonymous tip, the police visit Donna, examine identifying information on;the television and tell her it was stolen from Abby. Who now owns this;television?;9.;Elmer contracts with;Racketware, Inc., a company in France, to purchase 5,000 tennis rackets. The;rackets will be shipped by boat to a warehouse in New Jersey. Elmer and;Racketware enter into the contract on November 1. The boat containing the;rackets leaves France on November 2. The boat containing the rackets sinks on;November 3. The documents necessary to claim the rackets are received by Elmer;in the mail on November 4. The risk of loss shifted from the seller to the;buyer on what date?;10.;Sam bought a new suit. The;first time Sam took the suit to the cleaners it disintegrated;through no fault of the cleaners. What theory is;best for recovering the price of the;suit from the seller?;11.;At the beginning of November;Bob offered to sell to Sally pants at a price of $20 per pair. Sally said she;wanted to see how much shopping traffic her store enjoyed on Black Friday, the;day after Thanksgiving, before deciding. Bob agreed in writing to hold the;offer open for the rest of the month. Sally had a lot of shoppers come to the;store on Black Friday and decided she could sell a lot of pants, so she phoned;Bob the next day to order several dozen pairs of pants. Bob told her the offer;had been revoked. Sally sues, claiming breach of contract. The most likely;result will be that _______________________.;12.;Carl goes to a store to buy a;television. At the store, there's a television playing. Carl thinks the picture;and sound on that television is good, so he buys the same model. He takes it;home, plugs it in, and finds that the picture and sound, while reasonably good;aren't as good as what he saw in the store. He sues for breach of warranty. If;he wins, it will be because;13.;In August, wholesaler Terrence;contracts with retailer Elmer to sell Elmer 500 pairs of blue pants for $5,000;in December. Then, in October, the price of pants drops due to a deal Terrence has;made with the manufacturer. Terrence, seeking to get more business from Elmer;agrees in writing to drop the price of the pants due in December from $5,000 to;$3,500. Then, in November, the deal Terrence made with the manufacturer falls;through, and Terrence calls Elmer and tells him the original price of $5,000;will be charged. Elmer sues, seeking damages based on the lower purchase price.;The most likely result is;14.;John, an automobile dealer;entered a contract with Lisa in which Lisa agreed to purchase a 1995 Chevrolet;automobile as is from John for $2,000. John expressly told Lisa that the motor;in the automobile was bad, along with the clutch and brakes. Further, John told;Lisa that she would probably need to have the automobile repaired immediately;on leaving the dealership. Lisa purchased the automobile despite its problems.;However, Lisa became disgruntled because the costs of the repairs were more;than she expected. She filed suit against John for breach of warranty. The most;likely result will be that Lisa will;15.;Dennis contracts with;Racketware, Inc., a company in France, to purchase 5,000 tennis rackets. The;rackets will be shipped by airplane to a warehouse in New Jersey. Dennis and;Racketware enter into a contract on November 1, and the contract identified the;rackets being purchased. The airplane containing the rackets leaves France on;November 2. The documents necessary to claim the rackets are received by Dennis;in the mail on November 3. Dennis claimed the goods at the warehouse on;November 4. Dennis acquired an insurable interest in the rackets on what date?;16.;Lulu orders 20 pairs of navy;blue pants from Peter for $4,000, with delivery due on November 15. On November;6, Peter delivers 20 pairs of sky blue pants. Lulu phones Peter and tells him;he is in breach because the pants are the wrong color. Which of the following;statements is true?;17.;Lulu orders 20 pairs of navy;blue pants from Peter for $4,000. On receipt of 20 pairs of sky blue pants;Lulu begins offering the pants for sale in her store. After a few days, when no;one buys the pants, Lulu ships them back to Peter, claiming that the pants;aren't the color that was specified in the contract and claiming that Peter;needs to ship her conforming goods. Peter claims he doesn't have to do anything;and that Lulu owes him $4,000. Which of the following statements is true?;18.;Clementine, a debt collector, phones the home;of Herschel for the purpose of collecting a debt owed by Herschel. Herschel;isn't at home and Herschel's wife Edith answers. Clementine tells Edith that;Herschel owes $500 on the debt Clementine is trying to collect. Which of the;following statements is true?;19.;Terra drops off her diamond;ring at Jewel's Jewelry shop to have it cleaned. By mistake, the ring ends up;in a display counter and is sold by Jewel to Lulu for $9,000. Terra learns what;has happened wants Lulu to give her the ring back. Lulu wants to keep it;because she likes it. Which of the following statements is true?;20.;Zeke orally agrees to sell six;television sets to Molly for $4,000. Zeke then changes his mind and tells Molly;the deal is off. Molly sues, claiming breach of contract to sell six television;sets for $4,000. Zeke testifies about an oral agreement to sell five television;sets to Molly for $4,000. The most likely result is that


Paper#47321 | Written in 18-Jul-2015

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