In J.D. Fields & Company, Incorporated v. United States Steel International, Incorporated, 426 Fed. Appx. 271 (5th Cir. 2011), the case in the text, the court stated that: Multiple Choice a detailed price quotation can constitute an offer capable of acceptance. a price quotation on a flyer is always considered to be an offer a price quotation ripens the offer into a contract, regardless of whether it is detailed. a price quotation can only ever be an invitation to offer.
Q: A revocation is the calling back of the offer by the offeror, with the exception of an option…
A: An offer is a proposal made by one party (the offeror) to another party (the offeree) indicating a…
Q: When a broker is changing from a single agency relationship with a seller to a transaction broker,…
A: The question is asking about the point in a real estate transaction when a broker can change from a…
Q: If the third person is prevented from fixing the price by fault of the seller or buyer, the party…
A: a. True So there's an agreement to sell product here on aspects that currently the cost is added to…
Q: (a) In performing a contract of sale of goods, there may be a situation where the seller fails to…
A: Performance of Contract of Sale Here in this section, there are many rules and definitions governing…
Q: Given that one goal of a contract is to avoid litigation, which of the following can be useful to…
A: A legally binding agreement outlining the terms and circumstances of a specific transaction or…
Q: How is an offer terminated?
A: There’re various conditions due to which an offer can be deemed as terminated. They’re occurrences…
Q: Describe the difference between/among the following terms. May vs shall Equal, substantially equal,…
A: Effective communication is an essential aspect of successful management. In today's fast-paced…
Q: Please do not give solution in image format thanku A consumer entered into an agreement with…
A: Regarding the consumer's contention that the agreement between them and Rent-It Corporation is a…
Q: Courts generally consider advertisements to be a: • Negotiation • Contract • Promise • Offer
A: In simple terms, advertisements are like friendly invitations from businesses to the public. They're…
Q: (11) A agrees with B to sell "200 pairs of shoes" this agreement is..... a) Voidable b) Valid c)…
A: Agreements serve a critical role in outlining the rights and obligations of the parties concerned…
Q: Fresh Grow Farm enters into a contract with Gourmand’s Restaurant for a sale of a certain quantity…
A: Note: We are answering question no. 1 as the question that needs to be answered is not specified.…
Q: The offer can be terminated for all of the following reason except
A: An offer is a conditional proposal made by a buyer or seller to buy or sell an asset, which becomes…
Q: Under the UCC, a firm offer only applies to
A: Uniform commercial code mainly deals with the governance of commercial business transactions and…
Q: act for the sale of goods, if the seller does not have a place of business and the contract does not…
A: The answerto this question is true
Q: Prevents the company from denying a claim after the policy has been in force for 2 years
A: Incontestibility clause is a clause to protect the policy holder in such cases where the policy…
Q: Which of the following is correct about implied and express contracts? Implied contracts can be…
A: Contract law effectively establishes the process of agreement development, implementation, and…
Q: A contract forms when one person makes an offer, and another person accepts it by communicating…
A: The Concept of an OfferAn offer is a clear, unequivocal statement of the terms on which the offeror…
Q: According to the CISG, when a contract is for sale of goods by description, a slight breach may be…
A: With globalization and increased use of internet transactions between sellers and buyers residing in…
Q: An offer can be defined as an intimation of words and conduct, with a desire to enter into a binding…
A: Contract law plays a fundamental role in regulating business transactions and ensuring the…
Q: Which of the following is false with regard to shipping contracts and destination contracts: A. A…
A: The area of law known as contract law oversees the formulation, interpretation, and upholding of…
Q: (1) Describe a contract you've entered into. (2) Identify the offeror, (3) the offeree and (4) the…
A: Detailed explanation: Let's delve into a recent contract I entered into: (1) The Contract:Recently,…
Q: enigno Buyer writes Francene Farmer a letter that states he is willing to purchase 1,000 pounds of…
A: In what concerns contract law, the offer and acceptance are the magnis in the inquiry and formation…
Q: A voidable contract Multiple Choice O O O Allows the parties to enforce it if they wish Does not…
A: Contracts are legally binding agreements that require the consent of all parties involved. However,…
Q: Which of the following would be considered a breach of contract? acceptance of nonconforming goods…
A: A breach of a contract refers to a condition in which either of the party refuses to perform there…
Q: An offer can be defined as an intimation of words and conduct, with a desire to enter into a binding…
A: Carlill v Carbolic Smoke Ball Company is a seminal decision in contract law concerning the…
Q: For which of the following sale contracts does title and risk of loss remain with the seller until…
A: A sale contract, which describes the terms and circumstances of a transaction, is a legally binding…
Q: An offer can be defined as an intimation of words and conduct, with a desire to enter into a binding…
A: A contract is defined as the process of making an offer, and acceptance of that offer by another…
Q: An offer was presented but the seller did not accept the offer, instead, he suggested different…
A: An offer is simply referred to as a proposal made by a party called an offeror to another party…
Q: An offer can be defined as an intimation of words and conduct, with a desire to enter into a binding…
A: The following discussion critically examines the statement that suggests the necessity for an offer…
Q: Every sales contract imposes an obligation of good faith in its performance. Please explain the…
A: The concept of good faith, within the context of sales contracts, refers to a fundamental principle…
Q: D6) A listing agent shows a buyer a home. The buyer completes an offer, which the listing agent…
A: The laws that regulate the terms and conditions of agreements are collectively known as contract…
Q: The seller's agent has certain duties to the client-principal. Duties of the principal include…
A: The principal-agent relationship is a type of relationship in which the principal appoints an…
Q: Discuss the legal considerations and potential challenges in drafting and negotiating commercial…
A: Drafting and negotiating commercial contracts is a complex process that requires careful attention…
Q: What are the rights of an unpaid seller against the goods, as per the Sale of Goods Act?
A: The Sale of Goods Act is a fundamental piece of legislation in many countries that governs the sale…
Q: Black contracted with White to build a certain number of large transmission towers for a stated…
A: A contract is an agreement enforceable by law. It is a legally binding document between at least two…
Q: An offer can be defined as an intimation of words and conduct, with a desire to enter into a binding…
A: In contract law, the idea of an offer is crucial. It lays the groundwork for a legally enforceable…
Q: a Offer b. Acceptance c. Consideration C. a. Competent Parties = Intention to create a binding…
A: Contract hypothesis is the investigation of how individuals and associations build and foster…
Q: Listing Agent Pete is willing to help sell Seller Cami's condo but believes it will take a lot of…
A: The objective of the question is to determine the type of listing agreement that would best suit…
Step by step
Solved in 3 steps
- In the following quote: "The BFOQ standard adopted in the statute is one of“ reasonable necessity, ”not reasonableness." What is the distinction between "reasonable necessity" and "reasonableness?"An offer can be defined as an intimation of words and conduct, with a desire to enter into a binding arrangement. It is argued for an offer to be effective, the terms of the offer must be clear, precise and unambiguous. Please eloborate on the statement above.Bill offers to sell his car to Tom for $9,000. Tom replies, “Your price is too high! I will offer to buy your car for $8,000.” Tom’s response is: A) a counteroffer B) a rejection of the original offer only C) the creation of a new offer only D) a refusal to deal.
- 1. The Sherman Antitrust Act prohibits price fixing. Price fixing is A. the use of false or misleading statements or practices to persuade buyers that a product is a better deal than it really is. B. the practice of employing price differentials that tend to injure competition by giving one or more buyers a competitive advantage. C. an agreement among competing firms to raise, lower, or maintain prices for mutual benefit. D. an attempt to establish high prices by becoming the market leader. E. the intent to set a product's price so low that rival firms cannot compete and therefore withdraw from the marketplace. 2. Travis Kellogg is a sales representative for Xerox and his territory includes St. Louis and the surrounding suburbs. One of his accounts is Cintas, which offers a wide range of products to businesses. Travis was working with the Cintas division manager, Kiera Valentine, to gain her approval to purchase a networked printer and copier for the local office.…Under the UCC, a firm offer only applies to Group of answer choices merchants. merchants and nonmerchants. nonmerchants. option contracts.Which of the following is true? Select one: a) The seller or the supplier shall perform his/her deeds within the promised period, as of the moment the consumer's order is received. In any case, the period shall not exceed thirty days in the sale of goods. The contract is deemed to be automatically cancelled if the seller does not perform his/her deeds within such period. b) You have a right to withdraw form the contract (and send back the goods) in 7 days without stating any reason and without having to pay anything (including price and any type of claim for withdrawing the contract). c) A contract concluded by parties on internet is specified as a distance contract. d) Electronic commerce law only deals with sales contracts concluded in internet.
- 4.1. Discuss two (2) types of contracts. (10)4.2. Elaborate on the advantages and disadvantages on contracts on behalf of manufacturersMr. Abdul offers for sale at an auction "a working handheld electronic toy, ready to use straight away". Mr. Bashir places the highest bid as he wanted to make his child's birthday special. Mr. Abdul delivers the electronic toy without batteries. Mr. Bashir sues for breach of contract since the batteries were not delivered. What is the likely outcome of this situation? O a. The contract is invalid as Mr. Abdul and Mr. Bashir have different subjective intentions. O b. Mr. Abdul is in breach of the contract by not providing batteries O . The contract is valid as Mr. Abdul and Mr. Bashir have different subjective intentions O d. Mr. Bashir must pay more for the batteries on delivery of the electronic toyMary, a keen pottery collector, saw a notice for an auction at James Pottery Limited on September 30th 2017 in the Daily News. She traveled 300 kilometers to attend the auction in order to bid for a particularly rare item of Mozart pottery, specifically mentioned in the list of items to be auctioned. However, when she got to the auction site she found a notice outside, stating that the auction had been canceled. Mary went into a nearby antique shop and saw an item of the same type of pottery she had come to bid for, which the price ticket stated $5000. Mary indicated to the shop owner, Anthony, that she was only willing to pay $4,000 for it. However, Anthony said he would sell it for $4,500. Mary then indicated to him that she would like time to think about it over lunch; Anthony thereafter, agreed not to sell it before Mary returned. However, when Mary returned to buy the pottery, she found that Anthony had already sold it to someone else, who had paid $4500 for it. In the context…
- Bart Inc. developed a new medical rub called “NoPain Muscular Rub” that can be used in the event of muscular back pains. Bart Inc. via an online advertisement stated that they are willing to pay $5,000 to anyone who used their muscle rub “Nopain” for one week and still suffers from back pains thereafter. Bill who suffers from back pains, saw the online advertisement and decided to purchase “NoPain Muscular Rub”. He used it for a full week, but nevertheless still suffered from back pains. Based on the fact that the muscular rub “Nopain” did not relieve his back pains, he sued Bart Inc. for the monies that were promised. However, Bart Inc. argued that the advertisement was not an offer, but an invitation to invite offers. They further argued that at no point in time did Bill make an offer and as such, they are not bound to pay him any monies, since the parties did not create any binding agreement. Advised Bill on his legal options stating relevant case law as well as using the IRAC…1. Analyze TWO (2) differences between express and implied terms in sale of goods.The sale or transfer of a partner's transferable interest is a(n) act of the partner. Multiple Choice involuntary state-mandated voluntary federally mandated