If a lessor is a merchant who is holding the goods for the buyer to pick up, the risk of loss passes to a lessee when the lessee takes physical possession of the goods. True False
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- Any risk of deterioration in the goods necessarily incident to the course of transit shall be borne by the seller. True /falseUnder the Uniform Commercial Code (UCC), which of the following remedies is available to both buyers and sellers? Select one: a. Recovering the total value of goods in the contract b. Recovering profit from the resale of nonconforming goods by the other party c. Damages in the amount of the difference between the contract price and the market price of goods d. Obtaining specific performance of the contractWhite, an employee of ABC Corporation, intentionally issued two payments for the same invoice.After the disbursements had been mailed, White called the vendor and explained that a doublepayment had been made by mistake. She asked the vendor to return one of the checks to herattention. When the vendor returned the check, White took it and cashed it. This is an example of: a. A pass-through scheme b. A pay and return scheme c. A shell company scheme d. A receivables skimming scheme
- To acquire a 400,000 square foot industrial park in Boca Raton, Florida at a purchase price of $40 million, an investor put down 40% and borrowed $24 million with a 30-year fully amortizing fixed rate mortgage loan at an annual contract interest rate of 5% payable monthly. The borrower was charged two points by the lender that was deducted from the loan amount at closing. If the monthly payments on the loan were paid on time each month and if the loan was fully repaid at the end of 10 years with no prepayment penalty, what was the effective annual yield on the loan to the payoff date? a.5.28% b.5.38% c.5.18% d.5.08%In many states, including New York, an operating agreement is required for a limited liability company to exist. True FalseA sales representative in a shopping centre handed Karl a flyer promoting a style cut and shave for $12 at Lion’s Mane Barber Shop. As he was actually in need of a haircut and shave, Karl dropped by the barber shop, which was also located in the same shopping centre. When he arrived at the shop and presented his flyer to one of the barbers, he was told that there had been an error in the statement of price on the flyer - it was supposed to be $22 and not $12. The shop manager tried to convince Karl that this was still a bargain price given that a style cut and shave would normally cost $30 in other barbershops. Karl got upset, as he passed by two other barbershops in the same shopping centre that sold haircuts and shaves for $20 to $25. If he had known about the supposed mistake in the Lion’s Mane flyer, he wouldn’t have bothered coming to the shop. Answer the following: Does Karl have any legal grounds to claim the price of $12? Would your answer be different if Karl already…
- In the case of a contract for sale by sample there is an implied condition of all the following EXCEPT: That the goods will be free from any defect, rendering them un-merchantable, which would not O a. be apparent on reasonable examination of the sample. O b. That the buyer will have a reasonable opportunity of comparing the bulk with the sample C. That the bulk will correspond with the sample in quality O d. That the bulk of items will on average correspond with the sample qualityWhich of the following is true about brand collateral? Any person or group can use the trademarked brand collateral. A product logo is the same as a product trademark. The FTC requires all companies to have a clear logo. A product package should promote the product as well as protect it.Hyde is a broker involved in a conflicting demands settlement procedure that has already begun. The escrow funds are held in an attorney's escrow account. Hyde seeks an EDO from the FREC. How will the FREC likely respond? The FREC will not issue an EDO because the funds are in an attorney's escrow account. The FREC will issue an EDO within ten business days. The FREC will issue an EDO if the other three settlement procedures don't work. The FREC will not issue an EDO because the dispute must be settled
- Defined as an unconscious ignorance or forgetfulness of the existence or non existence of a fact,past or present,material to the contract.You own a manufacturing company that has a very profitable contract with a large retail chain. One of your competitors learns of your agreement and contacts the retail chain, telling them that your products are poorly manufactured and that the retail chain should refrain from buying your products. Instead, the competitor suggests that the retail chain enter into a contract with them to manufacture the products they seek. After this conversation, the retail chain cancels the contract with your manufacturing company, essentially breaching the contract, and begins buying their required merchandise from your competitor. The products manufactured by your company are in fact very high quality products. There have never been complaints in the industry relative to the service or products that you provide. And, you have longstanding contractors with other retailers to support the quality of your product. Under the law, you can sue both the manufacturing competitor and the retail chain for…S sold to B a specific car for P300,000 and promised to deliver on December 25. The next day, after the salewas made, he sold the same car to X and delivered it on him on the same day. If no delivery is made by S to B on December 26, which of the following is correct? A. S is not in default because there was no demand. B. S is in default, even if there was no demand.Hence, he will answer for damages.C. B can cancel the contract between S and X because the contract of S and B was perfected ahead of the contract with X.D. S is liable to B for the value of the car