Smith and Roberson’s Business Law
17th Edition
ISBN: 9781337094757
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
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Chapter 9, Problem 3Q
Summary Introduction
To discuss: Whether a contract been formed.
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Benigno Buyer writes Francene Farmer a letter that states he is willing to purchase 1,000 pounds of apples at a price of $.50 per pound. A. How can Francene accept this contract? B. If Francene writes back stating, “Your terms are agreeable, provided you purchase a minimum of 1,200 pounds of apples.” What is the effect of Francene’s statement? Will it matter whether or not Benigno is also a merchant? C. Assume that the wholesale price of apples is $1 per pound at the time that the offer is made. If Francene accepts it, will she be likely to successfully assert a defense of unconscionably if she later refuses to honor the contract’s terms?
Ed win sells a sofa to Jack for $800. Edwin and Jack both know that the sofa is in Edwin’s warehouse, located approximately ten miles from Jack’s home. The contract does not specify the place of delivery, and Jack insists that the place of delivery is either his house or Edwin’s store. Is Jack correct? Why or why not?
1. Roy asked Mark if he can use his phone for a week. If Roy agreed and allowed Mark to use his phone, what contract is created? Explain
2. Lance borrowed money from Renz. There was no stipulation to pay interest. Has Renz the right to demand interest? Explain
Chapter 9 Solutions
Smith and Roberson’s Business Law
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- In September, Amina hired Bryan as a delivery man. Bryan was to commence work on 1 November. On 1 October, Amina wrote to Bryan telling him that, despite their agreement, economic circumstances were such that she no longer required his services. Can Bryan sue Amina? Explain your answers in light of the principles learned on breach of contract. SOlve it with IRAC methodarrow_forwardSuppose that bank A buys a car for client B, and resells the car to the client. The bank and the client are both aware of the sales price to the client and mutually agree, but the cost of the car to the client is not disclosed to the client and is known only to the bank and the car dealer. Does this transaction meet the requirements of a valid Murabaha contract? Explain your answer.Multi Line Text.arrow_forwardIn 2010, X and B agreed that they will pretend that they will enter into a contract of sale so that X will have a lesser tax to pay. In the contract of sale, it was indicated that X will sell the car for P50Million to which B agreed. What is this kind of contract? A. Absolute simulation B. Relative simulation C. Factual simulation D. Fictional simulationarrow_forward
- Bakar is a renowned pastry Mama Cafe, a sole proprietorship, is a well-known restaurant in need of hiring a pastry chef. Bakar and Cafe’s Owner had extensive conversations regarding Bakar coming to work at Cafe. On May 1, a week after those conversations occurred, Bakar sent Cafe a signed letter dated May 1 stating, “I will work for Cafe as a head pastry chef for two years for an annual salary of RM50,000.” On the morning of May 7, Cafe’s Owner telephoned Bakar and said, “The RM50,000 is pretty stiff. Could you possibly consider working for less”? Bakar replied: “I am a renowned pastry chef. I will not work for any less.” Later that morning, Cafe’s Owner sent Bakar a signed letter by regular mail stating: “You obviously think you are too good for my restaurant. I am no longer interested in hiring you to work at Cafe.” Later that afternoon, Cafe’s Owner had a change of heart and sent Bakar a registered, express-mail signed letter stating: “Okay, if you really won’t work for less, I…arrow_forwardBakar is a renowned pastry Mama Cafe, a sole proprietorship, is a well-known restaurant in need of hiring a pastry chef. Bakar and Cafe’s Owner had extensive conversations regarding Bakar coming to work at Cafe. On May 1, a week after those conversations occurred, Bakar sent Cafe a signed letter dated May 1 stating, “I will work for Cafe as a head pastry chef for two years for an annual salary of RM50,000.” On the morning of May 7, Cafe’s Owner telephoned Bakar and said, “The RM50,000 is pretty stiff. Could you possibly consider working for less”? Bakar replied: “I am a renowned pastry chef. I will not work for any less.” Later that morning, Cafe’s Owner sent Bakar a signed letter by regular mail stating: “You obviously think you are too good for my restaurant. I am no longer interested in hiring you to work at Cafe.” Later that afternoon, Cafe’s Owner had a change of heart and sent Bakar a registered, express-mail signed letter stating: “Okay, if you really won’t work for less, I…arrow_forwardBakar is a renowned pastry Mama Cafe, a sole proprietorship, is a well-known restaurant in need of hiring a pastry chef. Bakar and Cafe’s Owner had extensive conversations regarding Bakar coming to work at Cafe. On May 1, a week after those conversations occurred, Bakar sent Cafe a signed letter dated May 1 stating, “I will work for Cafe as a head pastry chef for two years for an annual salary of RM50,000.” On the morning of May 7, Cafe’s Owner telephoned Bakar and said, “The RM50,000 is pretty stiff. Could you possibly consider working for less”? Bakar replied: “I am a renowned pastry chef. I will not work for any less.” Later that morning, Cafe’s Owner sent Bakar a signed letter by regular mail stating: “You obviously think you are too good for my restaurant. I am no longer interested in hiring you to work at Cafe.” Later that afternoon, Cafe’s Owner had a change of heart and sent Bakar a registered, express-mail signed letter stating: “Okay, if you really won’t work for less, I…arrow_forward
- 2. Seller and Buyer negotiate for the sale of 100 acres of land. They orally agree on a price of $100,000, with payment to be made within 10 days and the deed delivered within another 30 days. Buyer sends Seller a letter in which all these terms are included, along with a check for $100,000 that Seller deposits. Seller fails to deliver a deed, and Buyer seeks to enforce the contract. Is the contract enforceable?arrow_forwardSheila owned an old roadside building that she believed could be easily converted into an antique shop. She talked to her friend Barbara, an antique fancier, and they executed the following written agreement: a. Sheila would supply the building, all utilities, and $100,000 capital for purchasing antiques. b. Barbara would supply $30,000 for purchasing antiques, Sheila would repay her when the business terminated. c. Barbara would manage the shop, make all purchases, and receive a salary of $500 per week plus 5 percent of the gross receipts. d. Fifty percent of the net profits would go into the purchase of new stock. The balance of the net profits would go to Sheila. e. The business would operate under the name “Roadside Antiques.” Business went poorly, and after one year, a debt of $40,000 is owed to Old Fashioned, Inc., the principal supplier of antiques purchased by Barbara in the name of Roadside Antiques. Old Fashioned sues Roadside Antiques, and Sheila and Barbara as partners.…arrow_forwardC&D Services contracts with Ace Concessions, Inc. to provide service for Ace’s vending machines. A few months later, C &D wants to sell out to Dean Vending Services, and assign its contract with Ace Concessions to Dean. Can C&D assign the contract without Ace Concessions consent? What will C&D’s risk be in the assignment?arrow_forward
- Which of the following is true? Select one: a) The seller or the supplier shall perform his/her deeds within the promised period, as of the moment the consumer's order is received. In any case, the period shall not exceed thirty days in the sale of goods. The contract is deemed to be automatically cancelled if the seller does not perform his/her deeds within such period. b) You have a right to withdraw form the contract (and send back the goods) in 7 days without stating any reason and without having to pay anything (including price and any type of claim for withdrawing the contract). c) A contract concluded by parties on internet is specified as a distance contract. d) Electronic commerce law only deals with sales contracts concluded in internet.arrow_forwardThe contract of sale is an onerous contract. a. True b. Falsearrow_forwardFacts: You offered to sell your automobile to Wil for P100,000.00. After inspecting the automobile, Wil offered to buy it for P80,000.00. This offer was accepted by you. The next day, you offered to deliver the automobile, but Wil being short of funds, secured postponement of the delivery, promising to pay the price “upon arrival of the steamer”. The steamer however never arrived because it was wrecked by a typhoon and sank somewhere off the Coast of Samar. Question: Is there a perfected contract in this case? Why or why not?arrow_forward
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