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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- 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.The listing agreement compensates the firm and agent that bring the property to market as well as the firm and agent that brings the buyer. How does the choice to decline a buyers agent effect the cost to the seller? Explain how a seller-sub agent bringing a buyer differs for the buyer from choosing a buyers agent to represent you as a buyer. The sellers sub-agent has a fiduciary responsibility to what party? Why is the idea "I don't want to pay an agent to work in my interest as the buyer" is flawed in it's logic and understanding of the structure of the listing agreement.Before the purchase transaction, Shell had made know to Carbonic Co the purpose and intended use of electrodes. In short, Shell company put their trust and reliance on the skill and expertise of Carbonic Co. So, Shell ordered 60,000 kilograms of welding electrodes from Carbonic Co. for use in a project involving the fabrication of a cross-country gas transmission line. It turned out the electrodes are incapable of producing satisfactory weld in a vertical position. Shell sued Carbonic Co for violation under the Sale of Goods Act. Does Shell action prosper? Please state your reasons.
- In the case of a contract for sale by sample there is an implied condition of all the following EXCEPT: That the goods will be free from any defect, rendering them un-merchantable, which would not O a. be apparent on reasonable examination of the sample. O b. That the buyer will have a reasonable opportunity of comparing the bulk with the sample C. That the bulk will correspond with the sample in quality O d. That the bulk of items will on average correspond with the sample qualityUnder the Uniform Commercial Code (UCC), which of the following remedies is available to both buyers and sellers? Select one: a. Recovering the total value of goods in the contract b. Recovering profit from the resale of nonconforming goods by the other party c. Damages in the amount of the difference between the contract price and the market price of goods d. Obtaining specific performance of the contractThe incontestability clause A) Gives the company the right to rescind a policy at any time B) Permits the company to pay claims within 2 years Makes it necessary for the beneficiary to present proof of death in the event of a death claim Prevents the company from denying a claim after the policy has been in force for 2 years
- (a) In performing a contract of sale of goods, there may be a situation where the seller fails to deliver the goods in the agreed quantity. Discuss the rights of the buyer upon such failure.(b) Mel complains about a shabby t-shirt that was delivered to him by an online trader upon his purchase, but the trader refuses to issue a refund on the ground that the t-shirt is a clearance item. Advise Mel33) 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…Shawn buys 50 widgets at a store closing sale. He buys the widgets intending to use them around the house. He only uses 25, though, and decides to sell the remaining widgets online. Shawn lives in Colorado. He finds an individual buyer, Victoria, in Italy. Does the CISG apply if there is an issue with this contract? O No, because at least one party must be a merchant. Yes, because the contract does not state that the CISG does not apply. O Yes, because the CISG automatically applies when two signatory country parties enter into a contract. No, because the contract does not state that the CISG applies. O No, because these are two consumers.
- 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 agentGardner-Denver is the largest manufacturer of ratchet wrenches and their replacement parts in the United States. Gardner-Denver had two different lists of prices for its wrenches and parts. Its blue list had parts that, if purchased in quantities of five or more, were available for substantially less than its white list prices 1 - Purport 2 - Did Gardner-Denver engage in price discrimination with its two price lists? 3- Assuming that Gardner-Denver has engaged in price discrimination, what law would be violated in such situation? 4- Which agency of the federal government is responsible to investigate cases that may involve price discrimination?In relation to Consideration select the CORRECT statement:Select one:To be valid, the agreed price and the goods sold, must be of equal value.Consideration can be vague or illusory as long as it was communicated to the other partyConsideration is the exchange of something of value (a thing, a promise, money etc), given in return for something else of value (a thing, a promise, money etc)Consideration is not necessary to form a legally binding contractTo be valid, Consideration must involve payment of money, in return for something of value.