Exam (elaborations)
D216 Unit 5
- Course
- Institution
Exam of 5 pages for the course 11 Body Systems (Anatomy & Physiology at 11 Body Systems (Anatomy & Physiology (D216 Unit 5)
[Show more]
Seller
Follow
denicetho
Content preview
D216 Unit 5discharge in bankruptcy - ANS-The release of a debtor from all debts that are provable,
except those specifically excepted from discharge by statute.
impossibility of performance - ANS-A doctrine under which a party to a contract is
relieved of his or her duty to perform when performance becomes impossible or totally
impracticable (through no fault of either party).
commercial impracticability - ANS-A doctrine under which a seller may be excused from
performing a contract when (1) a contingency occurs, (2) the contingency's occurrence
makes performance impracticable, and (3) the nonoccurrence of the contingency was a
basic assumption on which the contract was made.
frustration of purpose - ANS-A court-created doctrine under which a party to a contract
will be relieved of his or her duty to perform when the objective purpose for performance
no longer exists (due to reasons beyond that party's control).
waiver - ANS-An intentional, knowing relinquishment of a legal right.
Tender of delivery - ANS-Under the Uniform Commercial Code, a seller's or lessor's act
of placing conforming goods at the disposal of the buyer or lessee and giving the buyer
or lessee whatever notification is reasonably necessary to enable the buyer or lessee to
take delivery.
perfect tender rule - ANS-A common law rule under which a seller was required to
deliver to the buyer goods that conformed perfectly to the requirements stipulated in the
sales contract. A tender of nonconforming goods would automatically constitute a
breach of contract. Under the Uniform Commercial Code, the rule has been greatly
modified
express warranty - ANS-A seller's or lessor's oral or written promise, ancillary to an
underlying sales or lease agreement, as to the quality, description, or performance of
the goods being sold or leased.
implied warranty - ANS-A warranty that the law derives by implication or inference from
the nature of the transaction or the relative situation or circumstances of the parties.
, implied warranty of merchantability - ANS-A warranty that goods being sold or leased
are reasonably fit for the ordinary purpose for which they are sold or leased, are
properly packaged and labeled, and are of fair quality. The warranty automatically arises
in every sale or lease of goods made by a merchant who deals in goods of the kind sold
or leased.
implied warranty of fitness for a particular purpose - ANS-A warranty that goods sold or
leased are fit for a particular purpose. The warranty arises when any seller or lessor
knows the particular purpose for which a buyer or lessee will use the goods and knows
that the buyer or lessee is relying on the skill and judgment of the seller or lessor to
select suitable goods
voluntary consent - ANS-Knowing and voluntary agreement to the terms of a contract. If
voluntary consent is lacking, the contract will be voidable.
unilateral mistake - ANS-A mistake that occurs when one party to a contract is mistaken
as to a material fact.
bilateral mistake - ANS-A mistake that occurs when both parties to a contract are
mistaken about the same material fact.
scienter - ANS-Knowledge by the misrepresenting party that material facts have been
falsely represented or omitted with an intent to deceive.
Undue influence - ANS-Persuasion that is less than actual force but more than advice
and that induces a person to act according to the will or purposes of the dominating
party.
duress - ANS-Unlawful pressure brought to bear on a person, causing the person to
perform an act that he or she would not otherwise perform (or refrain from doing
something the person would otherwise have done).
Compensatory Damages - ANS-These damages compensate the injured party only for
damages actually sustained and proved to have arisen directly from the loss of the
bargain caused by the breach of contract.
consequential damages - ANS-Special damages that compensate for a loss that is not
direct or immediate (for example, lost profits). The special damages must have been
reasonably foreseeable at the time the breach or injury occurred in order for the plaintiff
to collect them.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller denicetho. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.68. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
77764 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now