56. A sales associate presents an owner with an offer for $175,000 on behalf of a buyer. The owner countered at $185,000. While the buyers are considering their response, the owner sends an email rescinding the counteroffer. Which of the following statements is correct? O There is no contract. O The seller has signed the counteroffer so it stands. The buyers are the only ones that can rescind the counteroffer. О The sales associate must be paid the full commission.
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- 33) The act of forbearance of some deed at the request of the guarantor is usually consideration to the guarantor in a contract of guarantee. a. True b. False 34) A guarantee occurs when a third party agrees to pay off a loan made to another. a. True b. False 35) Exemption clauses in insurance contracts are strictly interpreted by the courts. a. True b. False 36) An offer to purchase life insurance is accepted when the agent provides the applicant with an insurance binder. a. True b. False 37) A comprehensive general insurance policy is one that covers most types of damage or loss to an insured's property as well as providing third party liability. a. True b. False 38) Subrogation allows an insurance company to recover its loss from the person(s) responsible without having to pay the insurance proceeds to the insured. a. True b. False 39) An insurance contract is one that is usually said to require utmost good faith on the part of the…Emilio's Italian Restaurant enters into a contract with Vino winery wherein Emilio's agrees to purchase all the wine that Vino produces for $8/bottle. a. This contract is unenforceable because it fails to specify a quantity in the contract. b. This is an enforceable contract. c. This contract will only be enforceable if every other contract terms is specified in the contract. d. This contract is unenforceable because Vino hasn't given any consideration for selling all their wine to Emilio's.All but which of the following must be present in order for a contract may be voided based upon mutual mistake? Multiple Choice 1. The mistake must result in a material effect on the contract. 2. a basic assumption about the subject matter of the contract is present. (Incorrect answer) 3. An adverse effect on a party who did not agree to bear the risk of mistake at the time of the agreement occurred. 4. Both of the parties were negligent in their representations to the other party.
- The seller's agent has certain duties to the client-principal. Duties of the principal include cooperating with the agent but being able to limit the availability of the property for showings. compensating the agent but only if an offer at the full listing price is received. suggesting marketing strategies to the agent. dealing with the agent in good faith. 20000Mr. 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 toyWhich of the following is false with regard to shipping contracts and destination contracts: A. A contract that provides only that goods are to be shipped "To buyer's address in California" is a shipping contract. B. A contract that provides for shipment of goods but is otherwise ambiguous as to shipment terms is presumed to be a shipment contract. C. For a destination contract, the risk of loss remains on the seller until the goods are delivered to the buyer at the buyer's location. D. Where a contract is silent as to delivery or shipment (i.e. the parties have not negotiated for shipment of the goods), the strong presumption is that the contract is deemed to be a shipment contract.
- 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 agent[36] Colonel Buck Shot, a famous horse trader, purchased a Clodsdale horse by giving the seller, Nan Natty, a worthless check. Buck immediately sold the horse to Bud Wiser. Which of the following statements is true? A. Nan can rescind the sale and reclaim her horse. D. If Nan recovers her horse, she will be required to pay Buck and Bud for the horse feed during the subject period. B. The outcome of a dispute would not be affected by whether Buck stole the horse from Nan or obtained it by fraud. OC. Bud will prevail over Nan if he is an innocent purchaser for value.Analyzing Case Study Using Issue Rule Anaylsis conclusion Method. On September 5 Robert wrote to Cameron offering to sell 50 metric tons of wheat at $250 per metric tonne. On September 7 Cameron posted a reply in which he accepted Robert’s offer but added that if he did not hear to the contrary he would assume that the price included delivery to his (Cameron’s) warehouse. The following morning, before Cameron’s letter arrived at Robert’s office, Robert read a posting on the internet which stated that the price of wheat was about to fall and he immediately sent an email to Cameron stating ‘our price of $250 includes delivery’.On receiving Robert’s email at 10am on September 8, Cameron posted a letter to Robert confirming his acceptance of Robert’s terms. By mid-day, however, Cameron also saw the posting on the internet which indicated that wheat prices were about to fall and, having considered the matter, sent an email to Robert stating ‘I do not accept your offer of wheat’.The…
- (12) The agreement which caused by fraud, coercion and misrepresentation is called..... a) Void b) Voidable c) Partially voidWhich of the following statements regarding discharge of contracts is FALSE? 1) All parties are relieved of their obligations if the contract is discharged. 2) Party A need not pay for any goods received from Party B if Party A willingly accepts the partial performance of the contract by Party B. 3) A contract that becomes more expensive or difficult to perform will not be automatically discharged. O 4) A contract will be discharged if it becomes impossible subsequently to perform the contract.Which one of the following is a term that is implied by statute? Select one: a. A term required to make the contract between the parties effective b. A term that goods must be of merchantable quality c. Good faith d. A term implied on the basis of past dealings between the parties