incidental damages include quizlet

incidental damages include quizlet2020/09/28

The sales contract states that the book is to be delivered within ten days. Persons deemed not mentally capable, contracts are void. The corrective actions section of your incident report can also include the actions that you need to take in order to complete the report. - not from special circumstances. Can Ericson sue under a theory of unjust enrichment? b. Legal Remedies: Legal remedies are monetary relief or compensation to the aggrieved party. He has ordered 10 Subzero refrigerators for his store at a cost of $2,500 each from Plains Manufacturing. Can Amy sue bill? e. All of the above are covered under the FDCPA. Landview Appliances sells a stove to Evan for his home. \end{array} c. "The school system here is very fine." d. This contract need not be in writing to be enforceable. c. deprivation of a meaningful choice. a. Direct damages refer to legal damages that are directly associated with, or related to, the wrongful act (e.g., breach of contract). a. need not pay for the cabin because of this material breach. Ericson contracts to build 2 oil derricks for Petro Industries. Cover, incidental and consequential damages. 5] Damages for Deterioration caused by Delay. 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. \text{Gain on disposal of discontinued operations} & 140,000\\ . To make sure that this is the case, the bank asks the appraisers to value 10 different properties (in $). The real estate agent is under no obligation to disclose the information. a. can allow Paula to declare bankruptcy because she has debts. (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 b. a creditor who has a signed credit application from the consumer debtor e. Receipt of cash refund from overpayment of taxes. b. has not violated the FDCPA because notification of family members about the debt is not a breach of privacy under the act. a. is a means by which international transactions can get sellers of goods paid. A. c. The agency can only contact Bentley within normal hours and cannot contact him at inconvenient places or times. Article 2A authorizes liquidated damages payable by either party for default or any other act or omission. . Consequential Damage and Incidental Loss. \hline 10 & 575000 & 583000 \\ If the breach by the seller concerns the whole contract, the buyer may cancel the entire contract. (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 a. c. contacting the debtor after the debtor requests no further contact A company may be considered insolvent under the Code only if it is unable to pay its debts as they are due. d. Andy is entitled to the return, but no additional damages. Demrow Co., which contracted to buy 400 fishing poles from Royal Industries, anticipatorily breached the contract. a. the costs of finding substitute buyers or goods. \text { Family } \\ Consequential damages are more indirect, being incurred not as a result of the breach itself, but due to the end result of the breach. In Yale V. Fountain, the primary contract was between the medical provider and..? c. Cost to initially ship the widgets to buyer. 11.00\% & 10.33 & 9.81 & 9.53 \\ Andy experiences significant difficulties with the computer and returns it to Best Buy. 1. What would be a good defense for her? b. any commercially reasonable charges or commissions in connection with obtaining cover. c. recover no suits since it had been more than 10 days since delivery. Thus, A = -$1,000. c. a time limit of six months. Is B entitled to payment under a theory of unjust enrichment? d. the Fair Credit Billing Act. b. 5, 7, & 8 Review, 25 Rhetorical Devices and the 3 Persuasive Ap. Under the UCC, the aggrieved party must choose one remedy to ask for and forfeit the others. There are three types of damage that form the foundation of most civil lawsuits: compensatory, nominal, and punitive. a. only to consumer reporting agencies. Consequential damages are more indirect, being incurred not as a result of the breach itself, but due to the end result of the breach. The real estate agent has committed fraud. Which of the following statements would be a basis for claiming misrepresentation? Compensatory and incidental damages. b. Krieg could recover the fees since the licensing after the bar exam is simply to raise funds. b. consequential. Broomfield had recommended his friend, Khalilian, for the project because of his connections with celebrities. 10.00%10.50%11.00%11.50%12.00%12.50%13.00%13.50%20$9.669.9910.3310.6711.0211.3711.7212.0825$9.099.459.8110.1710.5410.9111.2811.6630$8.789.159.539.9110.2910.6811.0711.46. A: The value of B is 0. Incidental Damages are costs and expenses incurred by the non-breaching party to avoid other direct and consequential losses caused by the breach. b. only valid in employment contracts. Cost to store the widgets in buyer's city. c. contacting the debtor after the debtor requests no further contact, Garnishments: 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. d. All of the above. c. a hospital using its collection department to collect fees from patients b. b. a. sending the debtor a postcard that reads: "Don't let this bill affect your excellent credit rating" d. all of the above, Which of the following sections of the federal bankruptcy laws deals with consumer debt adjustment plans? They can include such things as: On Monday, Marcia agreed to buy Joey's car for $8,000 when she gets paid on Friday. The three-day-cooling-off period applies to: When damages are uncertain or difficult to prove, contracting parties can agree in advance on the amount of damages, known as liquidated damages, that will be paid in the event of a default or breach of contract. d. none of the above, A minor's right to disaffirm a contract is conditioned on: a. What are non-economic damages? She experienced many late-night visitors and often noticed cars parked outside near the street curb with the drivers and passengers studying the home. d. right to rebuttal statement c. $200. 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 couple's youngest child was killed in the house during the shoot-out. Yes. Where the buyer has been unable to obtain cover. a. contacting third parties for current address information on the debtor \text{Earnings per share} & \underline{\underline{\$\hspace{25pt}2.09}}\\ 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. Question: _____ damages for a seller include storage charges and sales commissions. True or False This problem has been solved! Angela: Kristen took her computer to the A1 Computers to have it repaired. $500. d. impracticability defense, How long does a creditor have to respond to a debtor who has raised billing questions? d. None of the above. e. none of the above. Robert paid William $1,000 for a rare first edition of an Edgar Allen Poe novel. Your lawyer will ask for you to bring any . b. a. is a minor and need not pay the bills. Ericson should be able to recover under a theory of unjust enrichment the reasonable value of the oil derrick (i.e., most likely, fair market value). a. the lost profits from a contract to sell the bean crop. Under the CISG, avoidance of a contract cancels any provision for settlement of disputes. Diana and Charles Windsor are considering purchasing a swimming pool. Acquisition agreements often contain provisions that restrict or prohibit the payment of "consequential," "special," or "incidental" damages for breach. Reference: 2-715. 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? Received a document? c. Failure of conditions c. referring the account to an attorney for a lawsuit c. to consumer and commercial credit. c. any reasonable expenses connected to the delay. Which of the following statements is true? The home had been raided by DEA agents, and there had been a shoot-out before the couple was taken into custody. d. both a and c. a. Sekelow has violated the Fair Debt Collections Practices Act. a. Or B? Credit counselors are regulated under: b. Jones wins; Perry can only cancel if installation is also delayed two months. Damages a buyer may recover for loss resulting from requirements, the needs of which the seller had reason to know at the time of contracting and which could not reasonably be prevented by cover, are: \text { Square } \\ The fair market value of a 10-foot fishing boat is $1,000. \hline 2 & 195000 & 190000 \\ a. \text{Extraordinary gain} & \underline{72,000}\\ They don't know much about the area so they ask the real estate agent to show them homes in a quiet neighborhood. a. an attorney collecting a debt for himself He has begun writing wills to see him through this time of crisis and is charging $200 per will. Incidental damages Include expenses the buyer incurs in receiving, inspecting, transporting, and storing goods shipped by the seller that do not conform to those called for in the contract Statute of limitations The Code provides that a lawsuit for breach of a sales contract must be filed within four years after the breach occurs. Tristan has to purchase the 10 refrigerators from another plant at a cost of $3,000 each. expectation damages The Jericho National Bank is willing to loan Max Glenn $80,000 at 12.50% for 20 years on the purchase of a home. b. is required to qualify for a consumer credit purchase. b. is liable for the bill as a necessity. When a court orders restitution, the court orders the defendant to give up her gains to the plaintiff; when a court orders compensation, the court orders the defendant to pay the plaintiff for his loss. They have signed a written agreement with the terms that she will pay him $100 per week until the car is paid for. Liquidation or limitation of damages. If the damaged boat is a breach of warranty by the seller, the buyer may recover from the seller: Where conforming goods have been lost or damaged before risk of loss has passed to the buyer. c. the seller is insolvent. b. may be liable to Ralph under a theory of a lack of good faith. c. Where the goods have been identified to the contract and there is a ready market available for their resale at a reasonable price. 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. a. duress was clearly involved. Angela: a. expenses reasonably incurred in inspection of rightfully rejected goods. The boat is badly scratched when it arrives. c. Perry wins since the contract breach concerns the whole contract. a. make a written objection. d. All of the above are a basis for misrepresentation. A contract with a minor. A lessor retains title to the goods and has the right to recover possession of them upon default by the lessee. What result? Sekelow Enterprises is a debt collection agency. a. 2. d. $1,100. Recovery of the price. b. liquidated damages. 8 & 2,520 & 83.6 & 3 & 0 & 8 \\ The account has been turned over to a collection agency who has been trying to contact Bentley to collect the money owed. Akon had an idea for a website called "Fantrace," a site that would help celebrities connect with their fans. When Evan turns on the stove, it catches fire, burning Evan severely. Who is covered under the Fair Debt Collections Practices Act? To receive compensatory damages, the plaintiff. Identify the factors that explain why the drug companies were able to raise prices so sharply. b. recover 10 suits provided that Pandora acted within 10 days of discovering the misrepresentation. Rosa shot a burglar in her home when he was about to enter her bedroom with a knife in his hand. A: Under loss-based recovery, Amy can sue Bill for harm that her company has suffered, for instance, loss profits. It uses postcards to contact consumer debtors it is attempting to collect from for its clients. d. none of the above. Courts generally order reformation when either (1) fraud/misrepresentation or (2) mutual mistake is present. A buyer's right to purchase, in good faith and without unreasonable delay, substituted goods from Seller B when Seller A breaches a sales contract is: 6 & 2,940 & 114 & 3 & 1 & 10 \\ d. none of the above, What rights does a debtor have if he/she discovers inaccuracies in the credit report? Which of the following is prohibited under the FDCPA? c. can rescind the agreement. d. All of the above are a basis for misrepresentation. Breach of one installment of an installment contract never gives rise to breach under the whole contract. There was no indication of any price difference between the computer Sandy bought and the unopened computers. Paddock installed the wrong trim on the pool. To explore this concept, consider the following incidental damages definition. The starting point in calculating compensatory damages is to determine the loss in value of the performance that the plaintiff had the right to expect. The Hoffmans called All-Right and agreed to pay the $12,500 extra and went in to sign the paperwork. C - A = $2,000 - (-$1,000) = $ 3,000. Tristan ordered the refrigerators in anticipation of an order he was going to receive from a custom-home builder. d. none of the above. \text{Cost of goods sold} & (550,000)\\ b. This refers to the actions that should be taken after the incident. b. to all information on consumer debtors. The Code permits the seller to recover the price plus incidental damages in which of the following situation(s)? Which of the following describes what has been done? a. only at a public sale. d. none of the above. c. It can seek specific performance. a. a. c. do not have the three-day rescission rights since there are no monthly installment payments over a period of one year. Consequential damages can be awarded based on a variety of consequences, which can lead to significant amounts of money awarded to a plaintiff. d. The buyer may have the right to recover incidental and consequential damages. b. incidental damages only. D. The buyer may have the right to recover incidental and consequential damages. \hline \text { Property } & \text { Appraiser 1 } & \text { Appraiser 2 } \\ Nominal damages are damages awarded when a wrong has occurred, but no actual financial loss was suffered. Consequential damages are damages that proximately result from a breach of a contract. Use the table to find the monthly payment. c. ACT's provisions were unconscionable. You'll get a detailed solution from a subject matter expert that helps you learn core concepts. "We will be contacting your employer to let him know of this problem." b. The type of clause would not be enforced by the courts. c. is entitled to refocus its business and has not breached its contract. c. can be compensated under the doctrine of commercial impracticability. d. none of the above. Plains Manufacturing experienced a flood at its plant in Iowa City and lost all goods in production. a. Misrepresentation A portion of the data is shown in the following table.$, PropertyAppraiser1Appraiser21235000239000219500019000010575000583000\begin{array}{|c|c|c|} The buyer has the right of cover and to receive damages. What are general damages? verification of debt. Show negative differences in parentheses. Keiser can recover $17,000 in consequential damages. b. is void as unconscionable. b. novation Civil damages refers to how much money you may get in a settlement or court award (Kenton, 2020). c. is void in the United States. On Thursday, the car is involved in an auto accident and is totaled. d. has not violated the FDCPA because the debt collector has the creditor as a client. Consequential damages include damages for lost profits from a contract to resell goods which the seller never delivers. A buyer's commercially reasonable charges for the care and custody of goods that a buyer has rightfully rejected are known as: Personal injury damages can mostly be grouped as either "general" (also called "non-economic") or "special" (often called "economic"). a. incidental damages. The Jensens refuse to pay anything for the pool. In a special promotion, J's Marina purchases a 10-foot fishing boat for $900. If a consumer requests a credit reporting agency to correct his/her credit report: He has ordered 10 Subzero refrigerators for his store at a cost of $2,500 each from Plains Manufacturing. c. Alice may rescind the agreement regardless of whether she has the car.

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