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Question: Fallon agreed in writing to purchase a

Fallon agreed in writing to purchase a used truck from Moonlit Motors with the understanding that a snowplow attachment would be added.
When Fallon attempted to take delivery of the truck, he found that the plow attachment had not been added. He refused to accept delivery. Moonlit protested that the plow attachment was being shipped from Minnesota and that it would be installed when it arrived. Moonlit demanded that Fallon accept the truck.
a. Can Fallon legally refuse to accept the truck?
b. Is this an example of a condition precedent?
c. Is the contract enforceable?

> Century Lab plans to purchase a new centrifuge machine for its Manitoba facility. The machine costs $137,500 and is expected to have a useful life of eight years, with a terminal disposal value of $37,500. Savings in cash operating costs are expected to

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> Bolena sold some valuable jewelry to McGovern, whom she had never met before. She was concerned about whether McGovern’s check was good and whether there were sufficient funds on deposit in McGovern’s account to cover it. a. Would a certified check relie

> Brown earned a significant income as a pilot for a major airline. Despite this high income, Brown ran into serious financial difficulties when she invested in a business owned by her brother that failed. Brown filed for bankruptcy under Chapter 13 to gai

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> Olav, a retired banker, served on the board of directors for a nationally prominent charitable organization. The local chapter of the charity discussed plans to purchase and relocate to a new building across town. Olav approached Mansfield, a close frien

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> Distinguish among express, implied, and apparent authority.

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> A shipper asked a truck driver to deliver a shipment of chemicals and to protect them from freezing while en route. The driver assured the shipper that the chemicals would be carried in heated trucks. When the shipper learned that the shipment had been d

> Peterman, a resident of Florida, sold a home in California to Oliveras. Peterman hired Fogelman, an attorney-at-law, to represent her at the real estate closing and provided Fogelman with a contract of agency, giving Fogelman the authority to sell the ho

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> Liang was about to purchase an air-conditioning unit for her apartment at a closeout sale at Center City Appliance. The salesperson assured her that the unit was large enough to cool the apartment she described. The price was right, but she was nervous w

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> Eamons offered to sell his sailboat, complete with boat trailer, to Fitzgerald for $12,000. Fitzgerald agreed to the offer, gave Eamons a deposit of $500, and said that he would pay the balance when he came back with his car to pick up the boat and trail

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> Differentiate between the principal–agent and employer–employee relationships.

> Forell, a resident of Des Moines, purchased a nearly new Buick automobile from a seller in Cleveland for the unusually low price of $4,000. The seller explained that he was in town to take delivery of another automobile that he had just inherited from hi

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> Crowley, a building contractor, ordered 500 bags of cement from Litvak Building Supply. It was agreed that Litvak would deliver to a building site, and title would pass when delivery was made. Before the bags of cement could be loaded on a delivery truck

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> Scher, a homeowner, purchased a vacuum cleaner from a door-to-door salesperson. When the salesperson demonstrated the machine in her home, it seemed to work quite effectively. After signing the contract, she checked several consumer magazines at the publ

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> Garcia, an independent computer consultant, was orally engaged by the Eastern Institute of Management, a publisher of management newsletters, to set up an office computer network that included needs assessment, employee training, and a desktop publishing

> Coursey orally agreed to sell three acres of land to Oulette for $8,000. After Oulette had paid the $8,000 and the transfer had been officially recorded, Coursey received an offer of $9,000 for the land from another prospective buyer. Hoping to set aside

> Rogan, who had worked for eight years as an electrician’s helper, tried several times to pass the state-required electrician’s test, but he failed each time. Still, he felt that he knew enough about his trade that he could perform the work of an electric

> Pickens was one of a group of four army veterans who met once a month to play poker. On one occasion, Pickens lost more than $1,000 and refused to pay, claiming that gambling debts are uncollectible. The winner claimed that because the state had legalize

> Jena, who had been declared mentally incompetent by the courts, purchased a high-powered sports car for $46,000. Because he made the purchase during a lucid interval, his condition was not evident to the seller. Jena drove the car for several months; sub

> Caroli, who was 17 years old, signed an agreement to buy a used computer from Egan for $150. While Caroli was on his way to pick up the equipment, Egan got an offer for $250 from someone else. When Caroli arrived with the money to complete the transactio

> Nguyen, who was 17 years old, purchased a used boat, agreeing to pay for it in monthly installments over a two-year period. During the next six months, she made 6 of the 24 payments she had agreed to make. The day before she celebrated her 18th birthday,

> Classify the two major kinds of agents and discuss the four ways in which an agency may be created.

> Alfieri, a hunting enthusiast, frequently shot birds in his own and his neighbor’s backyard in violation of a city ordinance that prohibited guns being discharged within the city limits. The neighbor offered to pay Alfieri $100 if he would refrain from s

> Helfrich, in a barroom brawl, broke Grady’s arm. Grady brought suit against Helfrich for damages. Before the case came to trial, Helfrich offered to give Grady a $500 note, payable in 30 days, as full settlement for all claims Grady had against Helfrich.

> Duggan inherited some nondescript furniture, including an old desk that he sold to Andersen for $50. A short time later he learned that the desk was an antique worth about $500. Duggan brought suit to recover $450, the difference between the sale price a

> Gallagher Restaurant Supply was in the business of leasing equipment to small restaurants. Quezada, the operator of a small diner, leased a coffeemaker from Gallagher. It was only after the contract had been signed that Quezada learned that similar lease

> Gortino, while trying to sell his house to Gawlas, was asked if he had ever seen or suspected termites in the house. Gortino replied that he had not and that the house was sound. Several months after Gawlas had purchased the house, she learned from neigh

> Guss, a professor at a small college, offered to sell his five-year old car to Kantrowitz, a student in one of his classes. The price Guss asked was well above market value. Kantrowitz accepted Guss’s offer without even test-driving the car. a. Is the co

> Redmond offered to sell Goosen her used car for $6,000. Goosen could not make up his mind and, finally, after five months, told Redmond that he would accept her offer. a. Goosen can accept Redmond’s offer even though five months have passed. b. Goosen ca

> Kallinteris opened a travel agency in her small town. She then received an e-mail message from a local office supply company with which she had no prior dealings wishing her luck with her new business and advising her that she would soon be receiving $25

> Neto learned that Quan, his neighbor, intended to sell his powerboat. Neto texted Quan stating that he wanted to buy the boat and he would pay a “fair price.” A few days later, Quan sold the boat to someone else for a higher price than Neto would have be

> Arslantian, a suburban homeowner who was involved in a major landscaping project, offered to pay Manley, a county employee, 50 percent of the market price for certain shrubbery belonging to the county parks commission if Manley would deliver it to a meet

> Explain the term warranty and distinguish between express and implied warranties.

> Knoll and Kalichuk signed an agreement for the sale of Knoll’s sailboat. The agreement was complete in all respects, including the provision of time and place of delivery, sale price, and accessories included. On the date agreed for the

> In an effort to stem the rising usage of illegal drugs, the town of Zhemville passes an ordinance that mandates that all people found guilty of possessing illegal drugs be flogged. a. Does the ordinance violate the Eighth Amendment of the Constitution? b

> The town of Ericton is considering passing an ordinance that would severely restrict the possession and carrying of firearms. a. May the ordinance prohibit the possession of firearms by felons? b. May the ordinance prohibit the possession of firearms by

> The town of Homesdale passes an ordinance that requires all retail establishments to remain closed on Christmas Day. Several groups sue, arguing that the ordinance is unconstitutional. a. Does the ordinance violate the First Amendment of the Constitution

> Pratt, a stock-car racing driver, had entered a race to be held several months later. Two days before the race, he left his racing car at a shop to have some last-minute adjustments made. When Pratt went to pick up the car before the race, the shop owner

> Phipps became involved in a case of mistaken identity. A local merchant falsely accused him, in front of people who knew him, of shoplifting. Phipps was charged but not convicted. Angry and embarrassed, yet not wanting to spend money for an attorney, he

> A television station aired a broadcast containing insulting remarks about a local official. The official had the broadcaster charged under a state statute that prohibited making defamatory remarks on public airwaves. The broadcaster argued that the statu

> Ferguson was arrested for possession of marijuana in a state where it was illegal. He argued at his trial that the highest court in a neighboring state had ruled a similar law invalid, which would be a binding precedent. a. Is Ferguson correct in his bel

> Leffingwell engaged the Bartwell Tree Removal Service to cut down and remove a diseased tree from her property. When the work began, it was a calm day. As the work progressed, however, a high wind arose and blew a portion of the tree onto a neighbor’s ca

> Gelfis owned and operated Welltech, a janitorial service company that provided services to a number of city and state agencies. Eager to expand his firm and increase his profits, he approached Biondi, the director of purchasing for a state agency, and of

> Discuss advantages and disadvantages to both sellers and buyers of shipping FOB destination and FOB shipping point.

> Zaks, the owner of a hairstyling salon, Locks Unlimited, applied for a bank loan to buy new hairdryers and other equipment she felt were needed to attract new customers. To enhance her chances of getting the loan, she told the bank that she owned conside

> Williamson owned and operated a restaurant named Plum Pudding. His restaurant had a difficult time competing with Green Apple Snak Shoppe, located across the street. It seemed that whenever Plum Pudding offered a new special price on a particular meal, i

> The Sock ‘n’ Rock Music Store was located in a small shopping mall. In an effort to attract additional customers, the manager of the store installed an outdoor loudspeaker and played rock music at high volume. Nearby stores in the shopping mall objected,

> Goldman, an ex-convict, was employed in the accounting department of Rogers Products Incorporated. None of his coworkers was aware of his previous conviction and imprisonment, although the president of the firm and Ruiz, the human resources manager, knew

> Billings lived in a community that required a building permit before any major alterations could be made to residential property. Billings refused to obtain the permit and proceeded to build a garage on her property. a. Can the city agency responsible fo

> For three years, Patterson operated a small restaurant and enjoyed a growing business. His customers were pleased with the food and service. One day an inspector from the city’s board of health visited the restaurant to inspect the sanitary conditions in

> Technology Unlimited operated a small factory, employing 100 workers. The company manufactured special measuring devices that were sold throughout the world to the aircraft industry. a. Would federal regulatory agencies have control over any of the opera

> Lackowitz, a college student, was concerned about a final examination. During previous examinations in the same course, he had seen other students cheat and obtain good grades. If he failed the course, he would need to repeat it and pay additional tuitio

> Maas owns a company that manufactures children’s toys. The Consumer Product Safety Commission develops a regulation that requires companies to label any toys containing certain types of plastics, together with a notice of the health dangers of those plas


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