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LEGL 4400 CHAPTER questions and answers certified 2024
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LEGL 4400 CHAPTER questions and answers certified 2024
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LEGL 4400 CHAPTER-END PROBLEMSOwen telephones an order to Hillary's store for certain goods, which Hillary
delivers to Owen. Neither party says anything about the price or payment
terms. What are the legal obligations of Owen to Hillary? - correct answer ✔a
reasonable price is to be paid in cash (unless otherwise specified) at the time
of delivery (UCC gap-filling)
Minth is the owner of the Hiawatha Supper Club, which he leased for 2 years
to Piekarski. During the period of the lease, Pierkaski contracted with
Puttkammer for the resurfacing of the access & service areas of the supper
club. The work, including labor & materials, had a reasonable value of $2,450,
but Putkammer was never paid because Pierkaski went bankrupt. Putkammer
brought an action against Minth to recover the amount owed to him by
Pierkaski. Will Puttkammer prevail? Explain. - correct answer ✔No, Minth is
not one of the contracted parties and therefore has no obligation to
Puttkammer.
Jonathan writes to Willa, stating "I'll pay you $150 if you re-seed my lawn."
Willa reseed Jonathan's lawn as requested. Has a contract been formed? If
so, what kind? - correct answer ✔Yes, a unilateral express contract.
Calvin uses fraud to induce Maria to promise to pay money in return for goods
he has delivered to her. Has a contract been formed? If so, what kind? What
are the rights of Calvin & Maria? - correct answer ✔A voidable contract is
formed on account of fraud - Maria has right to determine whether the contract
will stand as voidable or become void.
Anna is about to buy a house on a hill. Prior to the purchase she obtains a
promise from Betty, the owner of the adjacent property, that Betty will not build
any structure that would block Anna's view. In reliance on this promise Anna
buys the house. Is Betty's promise binding? Why or why not? - correct
, answer ✔promissory estoppel - does not create a contract, nothing is given in
exchange for that promise
Mary Dobos was admitted to Boca Raton Community Hospital in serious
condition with an abdominal aneurysm. The hospital called upon Nursing Care
Services, Inc. to provide around-the-clock nursing services for Mrs. Dobos.
She received 2 weeks of in-hospital care, 48 hours of post-release care, & 2
weeks of at-home care. The total bill was $3,723.90. Mrs. Dobos refused to
pay, & Nursing Care Services, Inc., brought an action to recover. Mrs. Dobos
maintained that she was not obligated to render payment in that she never
signed a written contract, nor did she orally agree to be liable for the services.
The necessity for the services, reasonableness of the fee, & competency of
the nurses were undisputed. After Mrs. Dobos admitted that she or her
daughter authorized the 48 hour post-release care, the trial court ordered
compensation of $248 for that period. It did not allow payment of the balance,
& Nursing Care Services, - correct answer ✔quasi-contract: there was unjust
enrichment, as the contracted services were necessary for her health & safety
and the reasonableness of the price was undisputed as well, she should be
ordered by the courts to pay the amount in full
St. Charles Drilling Co contracted with Osterholt to install a well & water
system that would produce a specified quantity of water. The water system
failed to meet its warranted capacity, & Osterholt sued for breach of contract.
Does the UCC apply to this contract? - correct answer ✔No, the contract
was for a service, the installation, & therefore falls under the restatement.
Helvey brought suit against the Wabash County REMC for breach of implied &
express warranties. He alleged that REMC furnished electricity in excess of
135 volts to Helvey's home, damaging his 110-volt household appliances. This
incident occurred more than 4 years before Helvey brought this suit. In
defense, REMC pleads that the UCC's Article 2 statute of limitations of 4
years has passed, thereby barring Helvey's suit. Helvey argues that providing
electrical energy is not a transaction in goods under the UCC but rather a
furnishing of services that would make applicable the general contract 6-year
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