a. b. Use the stepwise method. What are the requirements of undue influence? 12.50\% & 11.37 & 10.91 & 10.68\\ A seller has breached his contract by providing unfit seed for the planting of beans. Tristan has to purchase the 10 refrigerators from another plant at a cost of $3,000 each. c. "The school system here is very fine." Incidental Damages Law and Legal Definition. b. incidental damages. J's Marina, however, accepts the shipment and notifies the seller of the defect. b. Plains does not owe any damages to Tristan because of impracticability. \small\textbf{MONTHLY PAYMENT FOR A \$1000 LOAN}\\ \hline b. This refers to the actions that should be taken after the incident. c. valid if reasonable in time and geographic scope. What is incidental damages quizlet? 1. a. a bankruptcy in 2012 b. is liable for the bill as a necessity. c. is void as usurious. 13.50\% & 12.08 & 11.66 & 11.46 b. Consequential damages include damages for destruction of a warehouse caused by the explosion of nonconforming goods. a. Big Box did not disclose to her that the computer was a return item. He has ordered 10 Subzero refrigerators for his store at a cost of $2,500 each from Plains Manufacturing. Or B? . c. Recover the price. People from the United States pledged $3.3 billion to support the rebuilding efforts in Haiti following the 2010 earthquake there. Perry is building his house and orders a hot water heater from Jones Co. to be installed by them. A: What is the value of C? d. none of the above. 2] Special Damages. The corrective actions section of your incident report can also include the actions that you need to take in order to complete the report. You own a window washing business and sign a contract with Gary's World of Glass to wash the 200 windows on the outside of the showroom. The distinction between this "officious intermeddler," and a party operating under a valid implied-in-fact contract is that the recipient of the goods or services has knowingly accepted the goods or services, with the intention of benefiting from them without providing compensation. Which of the following statements is true? b. Consequential damages include damages for destruction of a warehouse caused by the explosion of nonconforming . There are three types of damage that form the foundation of most civil lawsuits: compensatory, nominal, and punitive. c. Where the goods have been identified to the contract and there is a ready market available for their resale at a reasonable price. Is there an implied-in-fact contract here? a. make a written objection. Consequential damages are damages that proximately result from a breach of a contract. \text{Earnings per share} & \underline{\underline{\$\hspace{25pt}2.09}}\\ d. none of the above, Force majeure clauses: Incidental damages are the direct result of one party's breach of contract. Elements of unjust enrichment include: The Code's remedies are cumulative, therefore, a seller may both withhold delivery of the goods and identify goods to the contract. 2. c. the seller is insolvent. The buyer may deduct from the price due on the contract any damages resulting from any breach of contract by seller. b. Whether a pledge to make a gift is supported by consideration. If Carson contracts to buy a forklift from Yoshie but their contract mistakenly refers to a crane, a mutual mistake has occurred; accordingly, a court can reform the contract such that the contract conforms to the parties' intentions and accurately refers to the forklift being sold. Which defense to performance is Anker relying on? c. liquidated damages. Anker had sent a letter to Allegheny in 2006 claiming physical difficulties at the mine and a change in the enforcement of regulations relating to coal mining near gas wells hampered their ability to extract coal from the mine. When questioned by the realtor, he admitted that he did know about the re-zoning but it would probably be years before the project started so he was not obligated to tell them about it. Medical bills. These costs were not expected. b. is a liquidated damages clause. When a court orders restitution, the court orders the defendant to give up her gains to the plaintiff; when a court orders compensation, the court orders the defendant to pay the plaintiff for his loss. Incidental damages: These are expenses incurred by a buyer in connection with rejection of . What is the difference between assignment and delegation? a. the contract price of $2,000. b. he cannot buy replacement goods. d. recover 73 suits. Is the sellers statement a misrepresentation? Economic damages compensate the plaintiff for the quantifiable monetary losses suffered, including, for example, repair or replacement of damaged property, lost earnings, medical bills, and so forth. The seller of a dry cleaning business has agreed not to open another dry cleaning business for two years within a one-mile radius of the sold business. d. All of the above What should compensatory damages be in this contract suit against Gary? . To receive compensatory damages, the plaintiff. c. A contract with a force majeure clause. She filed a lawsuit and demanded that they not only refund her money but buy her a new computer comparable to the old one. Which of the following is not a remedy of the buyer? ), Sales$1,110,000Costofgoodssold(550,000)Operatingexpenses(225,000)Restructuring(110,000)Totalincometaxesexpenseforperiod(179,100)Incomefromdiscontinuedoperations160,000Gainondisposalofdiscontinuedoperations140,000Extraordinarygain72,000Netincome$417,900Earningspershare$2.09\begin{array}{lr} A portion of the data is shown in the following table.$, PropertyAppraiser1Appraiser21235000239000219500019000010575000583000\begin{array}{|c|c|c|} A lessor retains title to the goods and has the right to recover possession of them upon default by the lessee. Thus, A = -$1,000. c. $1,000. c. It can seek specific performance. b. the cost of keeping the defective seed in a storeroom. b. any commercially reasonable charges or commissions in connection with obtaining cover. Compensatory and incidental damages. 6 & 2,940 & 114 & 3 & 1 & 10 \\ Ralph entered into a supply contract with the Canasta and the events manager told a lending officer at the bank where Ralph got his construction mortgage for the business expansion that the Canasta would be sending all of its business to Ralph. Where the buyer has been unable to obtain cover. 10.50\% & 9.99 & 9.45 & 9.15 \\ If you've been injured in an accident involving a . Which of the following statements is true? \text { Senior } \\ B: What are reliance damages here? The former owner has been convicted of drug charges. a. Breach of one installment of an installment contract never gives rise to breach under the whole contract. This car is a real honey. Ericson conferred a benefit on Petro Industries by building the oil derrick. 1. Startup Company's incidental damages are arguably the $10,000 in personnel costs incurred in finding and vetting comparable alternative software. Consequential Damages Can Create Extensive Liability for Construction Businesses Left unchecked, consequential damages could create extensive liability for construction businesses. Ralph provides ice sculptures for private weddings, parties, and receptions. Loss of irreplaceable items. There must be a valid contract. After All-Right had removed the roof, but before a covering was placed over the exposed half of the home, All-Right's foreman said the job would cost an additional $12,500. Dans credit card was lost on a vacation. I. 8 & 2,520 & 83.6 & 3 & 0 & 8 \\ a. Alice may not rescind the agreement. b. Which of the following contracts would be void? She just wants out of the house. 1] Ordinary damages. \text{Income from discontinued operations} & 160,000\\ B. c. Perry wins since the contract breach concerns the whole contract. What are economic damages and the three types? b. can allow Paula to declare bankruptcy but Paula may have to go into a Chapter 13 debt adjustment plan. (3), (1) Failing to make an agreed delivery, (2) by delivering goods that do not conform to the contract, (3) by indicating an intention not to fulfill the obligations under the contract, Include expenses the buyer incurs in receiving, inspecting, transporting, and storing goods shipped by the seller that do not conform to those called for in the contract. Legal Remedies: Legal remedies are monetary relief or compensation to the aggrieved party. d. $250. a. the costs of finding substitute buyers or goods. A contract with a person declared mentally incompetent. a. is void as against public policy. What will be the likely result? b. whether the minor misrepresented his/her age. When certain conditions must occur before performance is required. d. both a and c. a. Sekelow has violated the Fair Debt Collections Practices Act. Buyer's Incidental and Consequential Damages (1) Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other Akon had an idea for a website called "Fantrace," a site that would help celebrities connect with their fans. Under what circumstances may the buyer seek the remedy of replevin? \end{array} $500. a. incidental. Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation, and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses, or commissions in connection with effecting cover, and any other reasonable expense incident to the delay or other \text{Restructuring} & (110,000)\\ Amy agrees to buy goods from Van for a contract price of $2,000 payable on delivery. a. contacting third parties for current address information on the debtor b. the agency need only include a copy of the request in its report. Which of the following is correct? 6] Pre-fixed damages. $100 plus incidental and consequential damages. After moving in, the Telfords learned that the home had been owned formerly by a couple that was indicted for drug trafficking. Recast the income statement in multistep form, including allocating income taxes to appropriate items (assume a 30 percent b. may be so high as to be punitive to the breaching party. A. b. are void. Your lawyer will ask for you to bring any . - not from special circumstances. c. This car has the fastest zero to 60 acceleration on the planet. The buyer's incidental damages resulting from the seller's breach include: d. All of the above are a basis for misrepresentation. "Incidental damages to an aggrieved seller include any commercially reasonable charges, expenses or commissions incurred in stopping delivery, in the transportation, care and custody of goods after the buyer's breach, in connection with return or resale of the goods or otherwise resulting from . Dana has become uncomfortable with the visitors and the surveillance. A real estate developer is interested in researching the correlation between various factors and the square footage (in homes) that a client will purchase. "It was stolen at school last week." It leads to a more diverse workforce than external recruitment. c. valid if reasonable in time and geographic scope. d. extraordinary damages. a. c. Andy is entitled to recover the price difference so that he can replace the computer. b. can sue for libel James Krieg has finished law school but has unsuccessfully taken the bar exam twice. c. at a public or private sale. Andrews Manufacturing Company has repudiated its contract to sell 500 computers to a computer store. He has ordered 10 Subzero refrigerators for his store at a cost of $2,500 each from Plains Manufacturing. d. none of the above. The seller may resell the goods identified to a contract: Bentley owes a credit card company $18,000 and has not made a payment in 4 months. Whether there can be a pledge across country borders. Jones Co. says it must be allowed to install the replacement heater. 4] Nominal Damages. The Windsors: ", Which of the following acts by a third-party collector would be a violation of the FDCPA? that he would like to have a new computer and that the price is now $150 more. \hline \text { Property } & \text { Appraiser 1 } & \text { Appraiser 2 } \\ If the seller has the right to cancel, he may recover damages for breach without having to tender any further performance. . b. only if the goods are sold as a unit. d. can be compensated under the doctrine of substantial performance. The contract of sale excludes liability for consequential damages. The latest forecast is for global ransomware damage costs to reach . 11.00\% & 10.33 & 9.81 & 9.53 \\ Definition of Incidental Noun e. None of the above. c. Modification or limitation of remedy. Rosa shot a burglar in her home when he was about to enter her bedroom with a knife in his hand. Many large trucks are commercial trucks, including delivery trucks, big rigs, 18-wheelers, and tanker trucks. a. Personal injury damages can mostly be grouped as either "general" (also called "non-economic") or "special" (often called "economic"). Ralph provides ice sculptures for private weddings, parties, and receptions. The boat is badly scratched when it arrives. Tristan ordered the refrigerators in anticipation of an order he was going to receive from a custom-home builder. b. Macy's collecting a debt through its own collection subsidiary Require the financially sound buyer to return the goods. Subtract larger money amounts from smaller money amounts. MONTHLYPAYMENTFORA$1000LOAN\begin{array}{c} Must have a relationship based on trust and confidence, with an abuse of the trust (attorneys/clients, elderly parents/children, spouses). c. inspecting the goods. Consequential damages are also commonly referred to as "indirect damages" because they arise indirectly from a breach due to various events that flow from a breach. They include expenses incurred for inspection, receipt, transport and custody of goods rejected rightfully as well as any other charges and expenses incident to the breach. 7 & 4,480 & 125.4 & 6 & 0 & 6 \\ c. has no remedies for consumers with only credit card debt. What I have found interesting over the last several months is that contractors, surety brokers and even surety underwriters really . Material. The person who found it days later used it, and charged $x worth of merchandise on the card, where x >$200. Sandy purchased a computer from Big Box. Best Buy did not disclose to him that the computer was a The sales contract states that the book is to be delivered within ten days. c. the monthly payments need not be disclosed d. Intent is not present, so there is no case for misrepresentation. d. none of the above, In order to recover damages under the Fair Credit Billing Act, the debtor must: The information about the drug dealer was material and should have been disclosed to her. 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