Debt Payment Dispute Outcome

Alan wanted to have his driveway resurfaced. He called a number of commercial establishments which do such work and received bids ranging from $*,* to $*,*. Bert submitted a bid to do the work for $*,*, and Alan entered into a contract with him to have the driveway resurfaced. Shortly before Bert was scheduled to begin work, he called Alan and said, “I just found out my secretary made a mistake in adding figures. I know we signed a contract, but I couldn’t possibly do the work for less than $*,* or it would not be worth it.” Alan responded to Bert’s statement by saying, “O.K., I’ll pay you the extra $*, but I think you’re being unfair.” After Bert finished the driveway, he asked Alan for his money. Alan handed Bert $*,* in cash and said, “This is all I’m going to pay you because you had no right to up the price on me.” If Bert sues Alan for the additional $*, who will prevail? Alan, because Bert was already under a preexisting duty to resurface the driveway for $*,*. Alan, because the promise to pay the additional money was not in writing. Bert, because he relied on Alan’s promise to pay the additional money to his detriment. Bert, because the promise to pay the additional money was the settlement of a good faith dispute.

Bobby, age *, was dedicated to his hobby of flying radio-controlled model airplanes that he built himself. One Saturday, Bobby invited his friends to the park to watch him fly his plane. The weather that day was rainy, and the instruction manual for the plane warned against flying it in the rain, but Bobby did not want to miss this opportunity to impress his friends with the tricks it could do. He therefore forged ahead and was able to get the plane off of the ground, but he had trouble controlling it with the transmitter because of the rain. He tried to have the plane make a loop but it veered off course and crashed through the fabric roof of Hank’s convertible, which was parked nearby on the street. If Hank sues Bobby for damages to his car and prevails, it will be because: A child of Bobby’s age, education, intelligence, and experience would not have flown the airplane that day. Reasonable person would not have flown the airplane that day. The airplane instruction manual warned against flying in the rain. Bobby committed a trespass to chattel with his airplane.

On August *, Walter and Yogi entered into an agreement that specified, among other things, that “if the Seals win the pennant, Walter will deliver to Yogi’s concession stand at Seals Stadium * hot dogs on each of the following days: September *, *, and *. Price to be per hot dog. On August *, Walter wants to avoid his obligation to deliver the hot dogs to Yogi. Casey has not become aware of any agreement between Walter and Yogi. Which of the following is the most accurate statement? Walter can rescind if Yogi and Casey give their permission. Walter can rescind if Yogi gives permission. Walter can repudiate the agreement foir being illusory. Walter can revoke the offer to sell hot dogs if the Seals have not won the pennant.

On August *, Walter and Yogi entered into an agreement that specified, among other things, that “if the Seals win the pennant, Walter will deliver to Yogi’s concession stand at Seals Stadium * hot dogs on each of the following days: September *, *, and *. Price to be per hot dog. Assume for the purposes of this question only that Casey first learned of the agreement between Walter and Yogi on September *. On September *, after Yogi refused to pay any money to Casey, the latter filed suit against Yogi for $*. Which of the following would provide a partial defense for Yogi in the litigation? Walter and Yogi agreed on September * that the contract price for the hot dogs would be $*.* instead of $*.*. Walter and Yogi had originally agreed that the contract price for the hot dogs would be $*.*, but Walter had inadvertently written $*.* in the contract, and neither Walter nor Yogi noticed before signing. I only II only I and II Neither I nor II

Alice owns a small business that sells handmade goods and Bob is a supplier who provides Alice with the materials she needs to make her products. Alice and Bob have been working together for several years, but they have never signed a formal contract. Recently, Alice has been unhappy with the quality of the materials Bob has been providing, and she wants to terminate their relationship. Did Alice and Bob enter into a valid contract, even though they never signed a formal agreement? A. Yes, because oral contracts are valid and enforceable. B. Yes, because there has been offer and acceptance as demonstrated by performance. C. No, because the contract was never expressed in writing. D. A and B

Alice owns a small business that sells handmade goods and Bob is a supplier who provides Alice with the materials she needs to make her products. Alice and Bob have been working together for several years, but they have never signed a formal contract. Recently, Alice has been unhappy with the quality of the materials Bob has been providing, and she wants to terminate their relationship. What are the elements of contract that need to be present? A. Offer B. Acceptance C. Consideration D. All of the above

Alice owns a small business that sells handmade goods and Bob is a supplier who provides Alice with the materials she needs to make her products. Alice and Bob have been working together for several years, but they have never signed a formal contract. Recently, Alice has been unhappy with the quality of the materials Bob has been providing, and she wants to terminate their relationship. What elements did Bob and Alice have to agree upon for their agreement to be enforceable? A. Tha parties B. The subject matter of the agreement C. The price D. All of the above

Alice owns a small business that sells handmade goods and Bob is a supplier who provides Alice with the materials she needs to make her products. Alice and Bob have been working together for several years, but they have never signed a formal contract. Recently, Alice has been unhappy with the quality of the materials Bob has been providing, and she wants to terminate their relationship. An express agreement is one in which _____. the terms are known to the parties the terms are not known to the parties the terms are to be dicussed at a later time none of the above

Alice owns a small business that sells handmade goods and Bob is a supplier who provides Alice with the materials she needs to make her products. Alice and Bob have been working together for several years, but they have never signed a formal contract. Recently, Alice has been unhappy with the quality of the materials Bob has been providing, and she wants to terminate their relationship. Alice and Bob have an express agreement because _____. A. the terms are known to the parties B. the terms arose by implication C. the terms arose because of industry standards D. None of the above