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Business
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Business Law with UCC Applications
Quiz 11: Written Contracts and Cyber-Commerce
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Question 41
Essay
McDougal Construction and Espinosa entered a contract to build the latter a two-story house.However,after the company began its construction,Espinosa decided that she wanted a terrace garden,making the house a three-story.McDougal indicated the additional costs to Espinosa and completed the job including the terrace garden - neither of which was in writing or included in the original contract.Espinosa paid McDougal the original amount,but did not pay the extra amount for the third story.Discuss if the court will admit an oral testimony of the McDougal's to the original contract.
Question 42
Essay
In June,the Daniels contracted with Twining to build a stone path leading from the road to their vacation home.They asked him to complete the job within 11 months.Explain whether Twining and the Daniels must enter into a written agreement for such a contract to be enforceable.
Question 43
Essay
On September 1,Isabel contracts with Ned to sing at Ned's restaurant starting on October 1 and ending on October 15 of the following year.Discuss if this contract must be written and signed to be legally enforceable.
Question 44
Essay
Jones orally agreed to sell his iPad Air to McKay for $475.He tried later to back out of the deal on the grounds that the oral agreement was unenforceable.Discuss the case.
Question 45
Essay
Joseph dies with no assets,but over $100,000 in personal debt.Joseph's daughter Samantha,who is very wealthy,is made executor of his estate.Joseph's creditors assert that Samantha must personally pay Joseph's debts because she is wealthy,Joseph's daughter,and now the executor of his estate.Is Samantha liable?
Question 46
Essay
Bernadette contracts in writing to sell Emily a flatbed trailer so that Emily's son can use the trailer as the base of a homecoming parade float on October 17.Bernadette knows all about the parade,but the written contract only requires Bernadette to deliver the trailer "in October" and Bernadette uses the trailer for her projects until October 20 when she tenders delivery to Emily.Emily refuses the trailer and refuses to pay the contract price since her son no longer needs it.Discuss in detail what evidence is admissible in a suit by Bernadette against Emily for breach of contract.
Question 47
Essay
Emilio takes his unconscious friend,Todd,to the hospital.However,the hospital will admit Todd only if someone can promise to pay Todd's medical bills.Emilio orally promises to do so,and the hospital admits Todd.Discuss in detail whether or not this statement is legally binding on Emilio and/or Todd.
Question 48
Essay
On September 1
st
,Wild Willy's Club orally gives an order to T-Shirts R Us Inc.for T-shirts worth $600.The T-shirts have the date and location of Wild Willy's annual Christmas party on December 15
th
printed on them.In late October,Wild Willy's calls T-Shirts to cancel the order.T-Shirts has already processed the order and the T-shirts are ready to be shipped.Discuss in detail whether or not this oral order is enforceable once the T-shirts have been made.
Question 49
Essay
Kay,who is quite elderly,uses a star (*)as her signature.In a written contract,Kay's name is written,but on the signature line for Kay's name only the * that Kay made appears.Discuss whether or not the * binds Kay to the contract.