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QUESTION

John and June contract for John to mow June's lawn on the following Saturday unless it's raining that day. The contract would be based on a: Implied...

1.      John and June contract for John to mow June's lawn on the following Saturday unless it's raining that day. The contract would be based on a:

A.    Implied in fact condition

B.     Condition subsequent

C.     Condition precedent

D.    All of the above

2.      Bill has contracted Suzie to build a house for him. The price for the house is $200,000. She finishes the house, but paints the back porch green with a hideous green "G" prominently displayed, instead of the purple color which Bill wanted. Bill, a diehard Vikings fan, is enraged. Which of the following is true concerning Bill's remedies?

A.    Bill can recover the full contract price

B.     Bill can recover the cost to repaint the porch

C.     Bill can seek a rescission of the contract

D.    Bill can seek a novation under 2-207 of the UCC

3.      John has ordered 10,000 Grade A widgets from Bill. Bill delivers 9,999. Under the UCC, John:

A.    Can reject the shipment as non-conforming

B.     Must accept the shipment as in substantial conformance

C.     Has no legal claim against Bill

D.    Must return all the widgets

4.      John has contracted to purchase a painting by Vincent Van Gogh which he wants to use as a main piece in his new museum. The seller refuses to deliver the painting and instead offers John $10,000 for his troubles. John wants the painting, not the money. His best remedy is to seek:

A.    punitive damages

B.     compensatory damages

C.     specific performance

D.    consequential damages

5.      Bill has ordered 1000 sweatshirts from ABC Company with a logo which says " Ski Club." Before ABC starts making the sweatshirts the club decides to discontinue the ski club because of legal liability issues. Bill calls ABC and tells them this. Concerning ABC's rights on the contract:

A.    ABC has to mitigate damages and stop production of the sweatshirts

B.     Bill can argue that completion of the contract will lead to frustration of purpose

C.     ABC can finish the sweatshirts and collect the full contract price

D.    Both A and B are correct

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