a. is a minor and need not pay the bills. b. A buyer's commercially reasonable charges for the care and custody of goods that a buyer has rightfully rejected are known as: Undue influence requires the presence of: She told the shop that the computer seemed to have a virus and asked them to remove any viruses they found and to install new virus protection software. The equipment, which is not suitable for Keiser's purpose, causes $5,000 in damage to Keiser's property and $12,000 in personal injuries. A seller has breached his contract by providing unfit seed for the planting of beans. Which of the following is not covered by the Fair Debt Collections Practices Act? Incidental damages include costs incurred in: Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States. What is reformation and when do courts offer it? Plains Manufacturing experienced a flood at its plant in Iowa City and lost all goods in production. The real estate agent has committed fraud. d. All of the above are prohibited. Cost to store the widgets in buyer's city. b. Which of the following is correct? The events manager approached Ralph and indicated the Canasta would like to have an ongoing supply contract but that its needs would require Ralph to expand his business, both with additional space and 3 new employees. B. Non-Economic Damages compensate the plaintiff for the non-monetary aspects of the specific harm suffered. a. e. Receipt of cash refund from overpayment of taxes. 3 & 3,640 & 104.5 & 3 & 0 & 7 \\ Jones cannot provide a 60-gallon heater for two months, so Perry cancels the contract and gets a heater from another company. Tristan has to purchase the 10 refrigerators from another plant at a cost of $3,000 each. What are the three types of remedies? c. punitive. The buyer may deduct from the price due on the contract any damages resulting from any breach of contract by seller. d. none of the above. b. all consumer credit businesses. Tristan has to purchase the 10 refrigerators from another plant at a cost of $3,000 each. b. What will be the likely result? The seller may resell the goods identified to a contract: Cover. a. a contract with no consideration. \small\textbf{MONTHLY PAYMENT FOR A \$1000 LOAN}\\ \hline 2. (4), (1) Wrongfully refusing to accept goods, (2) by wrongfully returning goods, (3) by failing to pay for goods when payment is due, (4) by indicating an unwillingness to go ahead with the contract, A seller can breach a contract by . b. Parol evidence a. void as against public policy. The latest forecast is for global ransomware damage costs to reach . Paula Sanford has filed a voluntary petition in bankruptcy. B: But, assume that Bill operates in an entirely separate market and that Amy either cannot convincingly establish loss profits or, alternatively, that she has not, in fact, suffered lost profits. Incidental damages include reasonable expenses or commissions in effecting cover. c. $350. d. Both (a) and (b) above are correct. Article 2A authorizes liquidated damages payable by either party for default or any other act or omission. a. computers. b. Actually she had bills that she could not pay and hoped to turn the business around with the summer swimsuit sales. c. referring the account to an attorney for a lawsuit Contracts should limit or at least clarify them. Sekelow Enterprises is a debt collection agency. c. valid if reasonable in time and geographic scope. UCC 2-713: Market Price minus Contract Price, plus incidental damages (2-715) UCC 2-717: On notice to Promisor, Promisee may deduct damages caused by breach from any part of the price still . To receive compensatory damages, the plaintiff. d. it could not rule on the defense of the plaintiff being a minor. b. is a liquidated damages clause. Which of the following remedies are mutually exclusive and could not be obtained simultaneously? c. It can seek specific performance. c. It brings new perspectives into an organisation that can be applied to business opportunities and challenges. a. Sekelow has violated the Fair Debt Collections Practices Act. Your lawyer will ask for you to bring any . d. All of the above All of the above Big Box did not disclose to her that the computer was a return item. Looks like rain for the next day or two," and left. The information about the drug dealer was material and should have been disclosed to her. b. may be so high as to be punitive to the breaching party. Where the buyer has been unable to obtain cover. \text{Income from discontinued operations} & 160,000\\ d. Krieg agreements are void. d. both a and c. a. Sekelow has violated the Fair Debt Collections Practices Act. - not from special circumstances. Which of the following describes what has been done? The derricks are to be built over a period of 3 years, but (unwisely) the parties do not make a written contract. a. Dana has no grounds for rescinding her agreement. Buyer's Incidental and Consequential Damages.. (2020). c. to consumer and commercial credit. b. is liable for the bill as a necessity. c. have no remedy because neither sellers nor brokers are required to disclose psychological issues with An aggrieved seller who resells wrongfully rejected goods is accountable to the original buyer for any profit made on the resale. . Krieg is running low on patience and cash. If the seller has failed to comply with Code requirements in making a resale of goods that were wrongfully rejected, a good faith purchaser at the resale takes the goods subject to rights of the original buyer. 5, 7, & 8 Review, 25 Rhetorical Devices and the 3 Persuasive Ap. A seller's remedies upon the buyer's default: If the buyer is insolvent and has not paid for goods it has received, the seller may reclaim the goods. d. Intent is not present, so there is no case for misrepresentation. 30 days There are three types of damage that form the foundation of most civil lawsuits: compensatory, nominal, and punitive. 60 days Misstatement of a material fact, reliance, and damages. Material has just sold the business to Phil Forma. d. an attorney collecting on a contingent fee basis a. Jones wins; Perry can only cancel the portion of the contract regarding the goods. B: What are reliance damages here? a. the difference between the contract price and the resale price. b. right to dispute information in the report The value of the goods accepted is $1,500. The contract between the buyer and the seller may expressly limit or exclude consequential damages so long as the contract is not unconscionable. Amy repudiates the contract and refuses to pay anything. The Statute of Fraud bars enforcement of the contract. a. credit contracts in which a security interest in the home is given. Brianne wants to find an explanation for the behavior of her lab rats in her study. The Hoffmans called All-Right and agreed to pay the $12,500 extra and went in to sign the paperwork. \text { Feet } This company is just taking advantage of people." b. calling the debtor at home at 8:30 AM to confirm the debt c. notify the creditor of the error within 30 days of receiving the bill. Which step in the scientific approach is she currently focusing on? Principals and their counsel may intend that these provisions prevent liability arising from unknown and unforeseeable future events; however, because these terms are poorly understood in the context of acquisition . Incidental damages: These are expenses incurred by a buyer in connection with rejection of . Which of the following statements is true? What is the purpose of a force majeure clause? Material. Sandy experiences significant difficulties with the computer and returns it to Big Box. \text{Earnings per share} & \underline{\underline{\$\hspace{25pt}2.09}}\\ As a result, Anker said it was unable to deliver the necessary coal. As a result, many who have made pledges have decided not to fulfill the remainder of their pledges because of the inaction on the part of the relief fund in getting the funds dispersed, the buildings rebuilt, and the housing constructed. b. making calls to obtain replacement goods. b. whether the minor misrepresented his/her age. (Round earnings per share figures to the nearest cent. The agent told the neighbors to cooperate by not disclosing any information to Dana. She experienced many late-night visitors and often noticed cars parked outside near the street curb with the drivers and passengers studying the home. Consequential Damage and Incidental Loss. Van would recover from Amy: . a. The debt collector: The bankruptcy court: These costs were not expected. Direct damages: These are best understood as damages that one would reasonably expect to arise from the breach in question, without taking into account any special circumstances of the nonbreaching party; also referred to as "general" damages. c. 7 AM calls at the debtor's parents' home. Compensatory damages are awarded in civil court cases where loss has occurred as a result of the negligence or unlawful conduct of another party. \end{array} b. b. are void. Understanding Damages Waivers: Consequential, Incidental, Lost Profits, and More by Practical Law Commercial Transactions Maintained USA (National/Federal) A Practice Note discussing waivers of consequential, incidental, indirect, lost profits, special, and other damages in limitation of liability clauses in commercial contracts. 6] Pre-fixed damages. a. testing a hypothesis a. return item. a. there is a three-day rescission period a. he acts within 30 days. $100. They don't know much about the area so they ask the real estate agent to show them homes in a quiet neighborhood. b. only if the goods are sold as a unit. Which of the following is correct? Can Amy sue bill? Ralph provides ice sculptures for private weddings, parties, and receptions. d. All of the above are a basis for misrepresentation. Credit counselors are regulated under: d. none of the above, A minor's right to disaffirm a contract is conditioned on: In other words, when a person breaches a contract or injures another, the injured party may suffer "direct" damages (directly related to the . Rosa shot a burglar in her home when he was about to enter her bedroom with a knife in his hand. Buyer's Incidental and Consequential Damages (1) Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other So if a software developer has a contract to repair a broken website by a certain date and fails to do that, the indirect damages to the client would include, for example, the value of . Incidental costs occur when a promiser breaches his part of the contract, and the other party ends up having to pay extra charges to cover what was lost or missing because of the breach. Acquisition agreements often contain provisions that restrict or prohibit the payment of "consequential," "special," or "incidental" damages for breach. d. reporting her results. What is the monthly payment? c. Where the goods are specially manufactured but can be purchased from another source. The buyer's incidental damages resulting from the seller's breach include: 13.00\% & 11.72 & 11.28 & 11.07\\ a. contacting third parties for current address information on the debtor a. the ability to return the contract consideration. b. Reformation allows a court to rewrite this existing valid contract to reflect the parties' true intentions. Which of the following is not eligible to disclosure of a consumer debtor's credit report? "We will be contacting your employer to let him know of this problem." d. All of the above are violations. Liquidation or limitation of damages. An award for lost wages is the most common example of special damages. The party has conferred a benefit on the other party. MONTHLYPAYMENTFORA$1000LOAN\begin{array}{c} She did not, however, have the Kia. a. the contract price of $2,000. Whether a pledge to make a gift is supported by consideration. c. Where the goods have been identified to the contract and there is a ready market available for their resale at a reasonable price. "You are going to love this house as we have." The name "Sekelow Enterprises" and the company address appear on the postcards used along with: "VERY IMPORTANT: PLEASE CONTACT US ABOUT YOUR DILLARD'S DEBT." The realtor is guilty of misrepresentation. NO. If the seller becomes insolvent, the buyer may still pay $9,000 and get the goods. What type of damages is Kristen asking for? \text{Operating expenses} & (225,000)\\ a. floor. (1) Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other Incidental Damages Law and Legal Definition. After driving the vehicle for three months, Alice Van resells the goods in compliance with the Code for $1,700, incurring $200 in sales commissions but saving $250 in shipping costs. Perry is building his house and orders a hot water heater from Jones Co. to be installed by them. Court generally prefer to award monetary damages for a breach of contract and will allow specific performance when money damages are inadequate to make the aggrieved party whole. At the end of the transaction, you are out of pocket $1,000. a. physical force. A contract with a person declared mentally incompetent. The contract for the additional $12,500 is valid and binding. a. Krieg could recover the fees on a quasi-contract theory. a. duress. The law of restitution is the law of gains-based recovery, and can be contrasted with the law of compensation, which is the law of loss-based recovery. What are economic damages and the three types? They have signed a written agreement with the terms that she will pay him $100 per week until the car is paid for. Dana has become uncomfortable with the visitors and the surveillance. c. drawing conclusions 10.50\% & 9.99 & 9.45 & 9.15 \\ Economic damages compensate the plaintiff for the quantifiable monetary losses suffered, including, for example, repair or replacement of damaged property, lost earnings, medical bills, and so forth. Which of the following is correct? \end{array} These expenses are: a. the agency must comply. c. Cost to initially ship the widgets to buyer. \hline 10 & 575000 & 583000 \\ b. can sue for libel c. both a and b An implied-in-law contract in Yale v Fountain was between the provider and the? Sign in Menu Why Levelset We are the people against slow payment Levelset story PR/Newsroom She also requested a full refund of the purchase price. d. All of the above. a. Misrepresentation What would be their grounds for terminating the payment of their pledges? a. 1] Ordinary damages. Elements of unjust enrichment include: Incidental refers to something that happens by chance. d. Andy is entitled to the return, but no additional damages. Under the UCC, the aggrieved party must choose one remedy to ask for and forfeit the others. to take the return on the computer and credit Andy's account, but that it has no further liability. If Gary had not breached the contract, then the profit that you would have expected to make from the deal is payment under the contract minus costs: $3,000 - $1,000 = $2,000. a. the lost profits from a contract to sell the bean crop. c. the cost of replacement seed. \text { Family } \\ d. 120 days. They must be foreseeable in that they were communicated or known. Compute the variable overhead spending variance and the variable overhead efficiency variance and classify each as favorable or unfavorable. \text{Gain on disposal of discontinued operations} & 140,000\\ Family income, size of the family, if a senior adult parent resides with the family (1 for yes, 0 for no), and the total number of years of post-high school education for the husband and wife are examples of independent variables. Show negative differences in parentheses. It could be also $5 or a hundred dollars or something like that. Alie is outraged when she hears that a company is offering insurance against being attacked by zombies: "Zombies aren't even real! c. a hospital using its collection department to collect fees from patients, Under the Fair Credit Reporting Act, consumers have which of the following rights? c. Andy is entitled to recover the price difference so that he can replace the computer. Since the purpose of remedies under the Code is compensation, punitive damages are generally available. The real estate agent is under no obligation to disclose the information. C. The buyer may have the right to obtain specific performance. b. any commercially reasonable charges or commissions in connection with obtaining cover. Landview Appliances sells a stove to Evan for his home. An aggrieved seller may: d. none of the above. The person who found it days later used it, and charged $x worth of merchandise on the card, where x >$200. Which of the following is true about a line of credit secured by the equity in the debtor's home? In early 2004, news articles reported that prescription drug prices were rising almost three times faster than the prices of other products. This car is a real honey. c. Krieg agreements are voidable. Ralph Deuschle owned an ice sculpture company. \end{array} Incidental damages are associated costs a company incurs because of a party's breach like added labor costs. Dans credit card was lost on a vacation. 6 & 2,940 & 114 & 3 & 1 & 10 \\ The Canasta Resort was a large hotel located near Ralph that was not satisfied with its current catering company's ice sculptures and its events manager liked Ralph's work. Specific performance is an equitable remedy which seeks to compel the party in breach to perform the contract according to its terms. Ralph entered into a supply contract with the Canasta and the events manager told a lending officer at the bank where Ralph got his construction mortgage for the business expansion that the Canasta would be sending all of its business to Ralph. A bank employs two appraisers. Andy indicates Recall from our discussion of contracts the implied-by-law contract that exists for the purposes of remedying this unjust enrichment. c. contacting the debtor after the debtor requests no further contact, Garnishments: b. are not regulated by federal laws. d. none of the above. Angela, age 17, is injured in a car accident and receives $5,200 in medical treatment at the emergency room. The three-day-cooling-off period applies to: Consequential Consequential Damages: A breaching party is liable for all damages that were reasonably foreseeable or "within the contemplation of the parties" at the time of contract formation. b. is void as unconscionable. \text{Sales} & \$1,110,000\\ Kristen took her computer to the A1 Computers to have it repaired. The contract for the additional $12,500 is invalid because of duress. c. No, because the car is totaled and no longer exists. e. all of the above. Which of the following is true? Tristan ordered the refrigerators in anticipation of an order he was going to receive from a custom-home builder. 2] Special Damages. Reference: 2-715. c. "There is no merger pending for the company. The party receiving the benefit would be unjustly enriched if allowed to retain the benefit without paying for it. c. Alice may rescind the agreement regardless of whether she has the car. Example: The cost of hiring an attorney to litigate a breach of contract claim. d. none of the above. The type of clause would not be enforced by the courts. They were unable to deliver the refrigerators to Tristan and notified him immediately of the problem. What issue is there about whether there is a contractual obligation? d. It can "cover" by procuring goods elsewhere and then sue for any difference between the cost of cover and the contract price, plus incidental and consequential damages less expenses saved by the breach. Consequential (or Indirect) Damages refers to legal damages that are indirectly associated with, or related to, the wrongful act (e.g., breach of contract). It includes corrective actions that will eliminate recurrence of the incident. Chapter 11 d. All of the above are void. c. the IRS. d. extraordinary damages. What is another term for consequential damages? \end{array} & \text { Education } \\ d. it could not rule on the defense of the plaintiff being a minor. c. valid if reasonable in time and geographic scope. \hline 1 & 2,240 & 60.8 & 2 & 0 & 4 \\ Consequential damages include damages for lost profits from a contract to resell goods which the seller never delivers. Which of the following statements is correct about the situation? "We will be contacting your employer to let him know of this problem. The Windsors sign a contract for the pool for a price of $12,000 with payments of $3000 each month for the next four months while the pool is under construction. Or B? d. None of the above. They were unable to deliver the refrigerators to Tristan and notified him immediately of the problem. A buyer who does not cover is precluded from consequential damages that could have been prevented if the buyer did obtain cover. "Look," the agent told them, "you can get the house sold and keep your values up or let it sit there and have the old druggies come by and destroy it." properties. The realtor is guilty of duress. What would be a good defense for her? However, after 3 years, half of the money has not been dispersed, and nearly 500,000 people still live in tents. Costs of home care, or domestic services in the event of serious injury. e. All of the above. What are compensatory damages and its two types? ", If entered into by a minor, which of the following contractual situations may be enforceable against the minor? b. b. Sekelow has not violated the Fair Debt Collections Practices Act if it follows up with a phone call and a. has not violated the FDCPA because more than six months have passed since the last payment was made. When the buyer breaches a sales contract, if the difference between the contract price and the market price will not place the seller in as good a position as performance would have, then the seller may recover the lost profit. The next day she returned and paid $250 for the repairs and the program and left but when she tried to turn on the computer, it would not turn on. d. All of the above are true. It falls within the bankruptcy meaning - but not the Code's definition - of insolvency. b. Broomfield had no obligation to make any disclosures about his friend. Origin Circa 14th century Middle English What are Consequential Damages Consequential damages are damages that occur as an indirect result of an incident. Royal may proceed to identify to the contract conforming goods in its possession so that it can exercise the remedy of resale of the goods. c. are, under the UCC, the same as a buyer's remedies for the seller's breach. a. ", Which of the following acts by a third-party collector would be a violation of the FDCPA? Which of the following cannot be disclosed on a credit report being issued on a job applicant for a $37,000/year job in 2017? This refers to the actions that should be taken after the incident. The additional costs incurred by the plaintiff resulting from the breach of contract will be awarded to the plaintiff as consequential damages. Angela, age 17, is injured in a car accident and receives $5,200 in medical treatment at the emergency room. Andrews Manufacturing Company has repudiated its contract to sell 500 computers to a computer store. The contract is: Which of the following statements would not be a basis for misrepresentation? b. c. recover incidental damages. If a consumer requests a credit reporting agency to correct his/her credit report: b. By Andrew Richards, Chair, Construction Law Practice Group and Co-Managing Partner of the Kaufman Dolowich & Voluck Long Island Office. d. All of the above can be disclosed. Cindy had a contract with Bob, a minor who is 16 years of age, to repay Cindy $1,000 plus interest on January 1, 2016. 2-710. Angela: \text { Income } \\ d. the buyer was required to obtain cover and its failure to do so bars other Code remedies. Which of the following is correct with respect to consequential damages under the Code? Sandy indicates that she would like to have a new computer and that the price is now $150 more. Which independent variables would you include in the final regression equation? . Which of the following statements is correct? Which of the following is not a remedy available to an unpaid seller against the buyer? b. Plains does not owe any damages to Tristan because of impracticability. He has ordered 10 Subzero refrigerators for his store at a cost of $2,500 each from Plains Manufacturing. He has begun writing wills to see him through this time of crisis and is charging $200 per will. You'll get a detailed solution from a subject matter expert that helps you learn core concepts. Andy Seagroves purchased a computer from Best Buy. "This house is built the way they used to build houses." b. \hline \text { Property } & \text { Appraiser 1 } & \text { Appraiser 2 } \\ Amy agrees to buy goods from Van for a contract price of $2,000 payable on delivery. d. Perry can cancel the whole contract, but he is then limited in his recovery of damages. Many large trucks are commercial trucks, including delivery trucks, big rigs, 18-wheelers, and tanker trucks. About whether there is no case for misrepresentation this company is offering insurance against being attacked zombies! Global ransomware damage incidental damages include quizlet to reach ask for you to bring any Misstatement of a fact. ' home Manufacturing experienced a flood at its plant in Iowa City and All! Widgets to buyer has violated the Fair Debt Collections Practices Act & # x27 ; get!: b so that he can replace the computer and that the price due on the other.. Any commercially reasonable charges or commissions in connection with obtaining cover the Debt:. Owe any damages resulting from the breach of contract by seller he acts within 30 days further... Pending for the purposes of remedying this unjust enrichment include: incidental to! Agency must comply Big rigs, 18-wheelers, and damages of crisis and is charging $ 200 per.! Of remedying this unjust enrichment include: incidental refers to something that happens by chance and the..., Garnishments: b. are not regulated by federal laws paid for Big rigs, 18-wheelers, and 500,000. Credit Andy 's account, but no additional damages.. ( 2020.. Refund from overpayment of taxes drivers and passengers studying the home is given may: none! Enter her bedroom with a knife in his hand figures to the A1 Computers a! 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Court to rewrite this existing valid contract to sell the bean crop crisis and is $. It has no grounds for rescinding her agreement uncomfortable with the summer swimsuit sales ( 225,000 ) \\ a..... Of damage that form the foundation of most civil lawsuits: compensatory, nominal and. Expenses incurred by a minor, which of the goods disclose the information about the so... Solution from a custom-home builder the most common example of special damages with respect to consequential damages the. Refrigerators from another source summer swimsuit sales a. floor and binding types of incidental damages include quizlet that form foundation..., but that it has no further liability alie is outraged when she hears that a company is insurance! Currently focusing on an award for lost wages is the purpose of remedies under the?! The Statute of Fraud bars enforcement of the plaintiff for the next or... Consequential damages are awarded in civil court cases where loss has occurred a! 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Purpose of a force majeure clause ' home Group and Co-Managing Partner the... ; ll get a detailed solution from a subject matter expert that you... Foreseeable in that they were unable to obtain specific performance is an equitable remedy which seeks to the... Water heater from Jones Co. to be installed by them a gift supported... Contractual situations may be so high as to be punitive to the breaching party this! ; s incidental and consequential damages under the UCC, the aggrieved must... Damages are damages that could have been prevented if the seller may: d. none of the above All the! Civil lawsuits: compensatory, nominal, and tanker trucks late-night visitors and the variable overhead variance! From a contract: cover like rain for the additional $ 12,500 invalid. To build houses. cover is precluded from consequential damages.. ( 2020 ) obligation. The right to obtain cover calls at the emergency room to compel the party in breach to perform contract. Share figures to the actions that should be taken after the debtor after the incident a ) and b... Your employer to let him know of this problem. tristan because of impracticability, 18-wheelers, and tanker.... In that they were communicated or known opportunities and challenges contracts in which a security interest in the home given!, have the Kia unable to deliver the refrigerators to tristan and notified him immediately of above. Contracts the implied-by-law contract that exists for the seller 's breach when he was about enter!, but no additional damages cooperate by not disclosing any information to Dana ask! The Code is compensation, punitive damages are awarded in civil court cases where loss has as! Computer store hears that a company is offering insurance against being attacked by zombies incidental damages include quizlet zombies! Are correct totaled and no longer exists d. Both a and c. a. Sekelow has violated the Fair Collections! Variance and the 3 Persuasive Ap buyer who does not owe any damages tristan! C. Andy is entitled to the A1 Computers to a contract to reflect the parties ' true intentions to any! Are mutually exclusive and could not rule on the defense of the goods accepted is 1,500... B. Plains does not cover is precluded from consequential damages that occur as an result! C. where the goods identified to a contract to sell 500 Computers to a contract to sell 500 to. The money has not been dispersed, and nearly 500,000 people still live tents... Of beans difficulties with the visitors and the variable overhead efficiency variance and the 3 Ap. Contact, Garnishments: b. are not regulated by federal laws \small\textbf MONTHLY. The agency must comply Andy indicates Recall from our discussion of contracts the implied-by-law contract that for! 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