Sales & Consumer Protection Exam

1.
Jake orders a sound system
from a catalogue. The catalogue description says that the sound system has a
remote control. When the computer arrives, Jake discovers there’s no remote
control for this sound system. Jake may sue for breach of __________________.
2.
Bob enters into a contract to
sell a furnace to Carl and also agrees to install it. Bob and Carl have a
dispute over the contract. The contract will be governed by _________________________________
3.
Carl receives a box of teddy
bears in the mail. He didn’t order them and has had no prior dealings with the
company. The shipment contains a writing that states that if Carl doesn’t
reject the teddy bears and send them back, Carl must pay $129 for the teddy
bears. Which of the following statements is true?
4. Maryand George
enter a contract in which George agrees to sell Mary lassos made in his
lasso factory in Bedford Falls, New York. Mary
lives in Los Angeles, California.Thecontract
expressly states that the sale is F.O.B. (free
on board) Los Angeles, California. The lassos
are damaged during transport between Bedford
Falls and Los Angeles. Whobearsthe risk
of loss?
5.
Zeke orally agrees to sell a
video game to Molly for $200. Zeke then changes his mind and tells Molly the
deal is off. Molly sues, claiming breach of contract. Both parties tell the
court there was an oral agreement for $200. The most likely result is that______________________
6.
Jake bought a motorcycle from
his neighbor Randy. Randy had owned the motorcycle
for his personal use for about two years. The
day after the purchase, Jake is seriously
injured after the motorcycle suddenly veers off
of the highway due to a manufacturing
defect. Jake brings a strict liability action
against Randy. Jake will likely lose because
______________.
7.
Tom agrees to sell 500 pairs
of pants to Sally for $5,000. Tom delivers the pants. Sally hands Tom a check.
Tom demands cash and refuses to accept the check. Which of the following
statements is true?
8.
Barbara steals a big plasma
television from Abby. Barbara then puts an ad in the classifieds to sell the
television. Candy responds to the ad and purchases the television for $2,000.
Candy later filesbankruptcyand, to raise money to pay
Candy’screditors, the
bankruptcy trustee sells Candy’s television at auction to Donna for $1,600. Due
to an anonymous tip, the police visit Donna, examine identifying information on
the television and tell her it was stolen from Abby. Who now owns this
television?
9.
Elmer contracts with
Racketware, Inc., a company in France, to purchase 5,000 tennis rackets. The
rackets will be shipped by boat to a warehouse in New Jersey. Elmer and
Racketware enter into the contract on November 1. The boat containing the
rackets leaves France on November 2. The boat containing the rackets sinks on
November 3. The documents necessary to claim the rackets are received by Elmer
in the mail on November 4. The risk of loss shifted from the seller to the
buyer on what date?
10.
Sam bought a new suit. The
first time Sam took the suit to the cleaners it disintegrated
through no fault of the cleaners. What theory is
best for recovering the price of the
suit from the seller?
11.
At the beginning of November,
Bob offered to sell to Sally pants at a price of $20 per pair. Sally said she
wanted to see how much shopping traffic her store enjoyed on Black Friday, the
day after Thanksgiving, before deciding. Bob agreed in writing to hold the
offer open for the rest of the month. Sally had a lot of shoppers come to the
store on Black Friday and decided she could sell a lot of pants, so she phoned
Bob the next day to order several dozen pairs of pants. Bob told her the offer
had been revoked. Sally sues, claiming breach of contract. The most likely
result will be that _______________________.
12.
Carl goes to a store to buy a
television. At the store, there’s a television playing. Carl thinks the picture
and sound on that television is good, so he buys the same model. He takes it
home, plugs it in, and finds that the picture and sound, while reasonably good,
aren’t as good as what he saw in the store. He sues for breach of warranty. If
he wins, it will be because ________________
13.
In August, wholesaler Terrence
contracts with retailer Elmer to sell Elmer 500 pairs of blue pants for $5,000
in December. Then, in October, the price of pants drops due to a deal Terrence has
made with the manufacturer. Terrence, seeking to get more business from Elmer,
agrees in writing to drop the price of the pants due in December from $5,000 to
$3,500. Then, in November, the deal Terrence made with the manufacturer falls
through, and Terrence calls Elmer and tells him the original price of $5,000
will be charged. Elmer sues, seeking damages based on the lower purchase price.
The most likely result is_________________________
14.
John, an automobile dealer,
entered a contract with Lisa in which Lisa agreed to purchase a 1995 Chevrolet
automobile as is from John for $2,000. John expressly told Lisa that the motor
in the automobile was bad, along with the clutch and brakes. Further, John told
Lisa that she would probably need to have the automobile repaired immediately
on leaving the dealership. Lisa purchased the automobile despite its problems.
However, Lisa became disgruntled because the costs of the repairs were more
than she expected. She filed suit against John for breach of warranty. The most
likely result will be that Lisa will___________________
15.
Dennis contracts with
Racketware, Inc., a company in France, to purchase 5,000 tennis rackets. The
rackets will be shipped by airplane to a warehouse in New Jersey. Dennis and
Racketware enter into a contract on November 1, and the contract identified the
rackets being purchased. The airplane containing the rackets leaves France on
November 2. The documents necessary to claim the rackets are received by Dennis
in the mail on November 3. Dennis claimed the goods at the warehouse on
November 4. Dennis acquired an insurable interest in the rackets on what date?

16.
Lulu orders 20 pairs of navy
blue pants from Peter for $4,000, with delivery due on November 15. On November
6, Peter delivers 20 pairs of sky blue pants. Lulu phones Peter and tells him
he is in breach because the pants are the wrong color. Which of the following
statements is true?
17.
Lulu orders 20 pairs of navy
blue pants from Peter for $4,000. On receipt of 20 pairs of sky blue pants,
Lulu begins offering the pants for sale in her store. After a few days, when no
one buys the pants, Lulu ships them back to Peter, claiming that the pants
aren’t the color that was specified in the contract and claiming that Peter
needs to ship her conforming goods. Peter claims he doesn’t have to do anything
and that Lulu owes him $4,000. Which of the following statements is true?
18.
Clementine, a debt collector, phones the home
of Herschel for the purpose of collecting a debt owed by Herschel. Herschel
isn’t at home and Herschel’s wife Edith answers. Clementine tells Edith that
Herschel owes $500 on the debt Clementine is trying to collect. Which of the
following statements is true?
19.
Terra drops off her diamond
ring at Jewel’s Jewelry shop to have it cleaned. By mistake, the ring ends up
in a display counter and is sold by Jewel to Lulu for $9,000. Terra learns what
has happened wants Lulu to give her the ring back. Lulu wants to keep it
because she likes it. Which of the following statements is true?
20.
Zeke orally agrees to sell six
television sets to Molly for $4,000. Zeke then changes his mind and tells Molly
the deal is off. Molly sues, claiming breach of contract to sell six television
sets for $4,000. Zeke testifies about an oral agreement to sell five television
sets to Molly for $4,000. The most likely result is that ____________

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