If the third person is prevented from fixing the price by fault of the seller or buyer, the party not in fault may obtain redress against a person the party in fault. a. True b. False c. Partly true d. Partly false
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- Simon has an extensive collection of rare stamps. When Simon faces financial difficulties, he decides to sell a few of his beloved stamps. Sophie offers to buy a stamp and Simon accepts Sophie's offer, but after Sophie pays Simon the agreed amount, Simon refuses to deliver the stamp and tries to return Sophie's money to her. Sophie refuses to accept her money and instead tells Simon she wants the stamp. Which of the following statements is true? a. Simon does not have to give Sophie the stamp because he offered to return the money Sophie paid. b. Simon does not have to give Sophie the stamp because he changed his mind. c. Simon has to give Sophie the stamp if Sophie sues him and requests specific performance. d. Simon has to give Sophie the stamp and her money to reimburse her for the emotional distress caused by Simon refusing to give her the stamp.Lizard Lick Corporation requires all distributors of its lizard salt lick products to sell the products at specified minimum prices. This resale price maintenance agreement is not subject to antitrust law as it deals with products for animal life and the antitrust laws were implemented to protect people only. a violation of the Clayton Act. a per se violation of the Sherman Act. subject to evaluation under the rule of reason. just plain wrong and illegal on for numerous reasons.Pick the right option What is the term the Uniform Commercial Code (UCC) gives to a person who seeks to enforce a negotiable instrument that is lost, stolen, or destroyed? -Beneficiary -Non-holder
- after a salesperson inspected a property and completed a brokerage engagement, the seller examined and signed that contract. And Georgia, if the salesperson sponsoring broker had mentioned in the salesperson written affiliation agreement that the salesperson could sign a listing agreement as the agent, because this person legally have done so? Yes, because the seller had already examined and signed the contract Yes, because the salesperson was the agent of the broker No, unless the salesperson had completed all the education courses required of a broker No, because a sponsoring broker was the sellers agentL.L. Bean sends a catalogue to Olivia. A letter addressed to Olivia is attached to the cover of the catalogue. In the letter, the CEO of the company invites Olivia to buy any item in the catalogue at the listed price. This is a. an offer because there is no room for price negotiation. b. not an offer. c. an offer because of the letter. d. an offer only if Olivia previously bought items from L.L. Bean.Standard Appliance Co. has an employee pension plan under which Aurelia has worked for 31 years. Aurelia is laid off at age 60, and five years later, she retires and attempts to draw her pension benefits. However, Aurelia is informed that she is not eligible for pension benefits because she had not been working under the Standard Appliance Co. plan at the time of her retirement. Is this correct? Yes, if that is what the Standard Appliance Co. plan specifies. No, since Aurelia worked longer than 10 years for Standard Appliance Co. No, since Aurelia's benefits are vested. Yes, since Standard Appliance Co, only has a responsibility to current employees.
- A broker enters into a listing contract with a seller. The broker markets the property for several weeks and receives four offers. The seller selects the highest bid and ultimately closes on the property. However, the seller refuses to pay the broker their commission. What happens next? The broker can negotiate a smaller commission with the seller. О The broker can take legal action against the seller to obtain the commission owed to them since they successfully found a buyer for the property. О The broker can force the buyer to pay the commission. The broker cannot do anything as a commission in this case is only optional.Due to uncertainty whether or not a new tax law is applicable to printing companies, ABC Printers submitted a legal query to the BIR on the issue. The BIR issued a ruling that printing companies are not covered by the new law. Relying on this ruling, ABC Printers did not pay the said tax. Subsequently however, the BIR reversed the ruling and issued a new one stating that the tax covers printing companies. Could the BIR assess ABC Printers for back taxes corresponding to the years before the new ruling? a) Yes, because taxation is the rule and exemption is the exception b) Yes, because taxes are the lifeblood of the government c) No, the BIR is not allowed to reverse its ruling d) No, reversal of a ruling shall not be given a retroactive application if it will be prejudicial to the taxpayer.Forward and future contracts are considered trade agreements. a. True b. False
- Zelda wants to sell her old red truck. In an effort to sell it quickly, Zelda mails a letter to her long time pal Maude offering to sell the truck to Maude for $15.000. Three days after Zeida sends that letter to Maude, Zelda's boyfriend, Trevor, informs Zelda that the truck is actually worth $30.000 However, just minutes after Maude posts (.e.. puts in the mail) a letter with the postmaster accepting Zelda's offer, Zelda calis Maude telling her the new price for the old red truck is $30,000. Does Zelda have to uphold the deal and sell Maude the truck for $15,000? O No, the fair market value of the truck is $30,000 and that's what Maude must pay for it. O No, Zelda doesn't have to sell to Maude at all, if she does not wish to do so. O Yes, Zelda must sell the truck to Maude for $15,000. OYes, Zelda must still sell the truck to Maude, but at a price greater than $15,000 but less than $30,000. O No. Maude must split the difference in price with Zelda and pay $22.500 for the truckIn 1923, DuPont was granted the exclusive right to make and sell cellophane in North America. In 1927, the company introduced a moisture-proof brand of cello- phane that was ideal for various wrapping needs. Although more expensive than most competing wrapping, it offered a desired combination of transparency, strength, and cost. Except for its permeability to gases, however, cellophane had no qualities that a number of competing materials did not possess as well. Cellophane sales increased dramatically, and by 1950, DuPont produced almost 75 percent of the cellophane sold in the United States. Nevertheless, sales of the material constituted less than 20 percent of the sales of “flexible packaging materials.” The United States brought an action, contending that by so dominating cellophane production, DuPont had monopolized a part of trade or commerce in violation of the Sherman Act. DuPont argued that it had not monopolized because it did not have the power to control the price of…Randi buys a toaster. The next morning, when Randi uses it to toast a bagel, the toaster explodes and injures Randi. Who is liable? No one b. The seller only C. The seller and manufacturer d. The manufacturer only a.