单选题 A homeowner went to an appliance store to purchase a new refrigerator. The homeowner's old refrigerator had just been destroyed by an electrical surge, and he needed to purchase a new one immediately to prevent food spoilage. The homeowner did not understand English, so he conversed with the salesperson in Spanish. The homeowner told the salesperson about the electrical surge and explained that he did not have enough cash for a new refrigerator. The salesperson told the homeowner not to worry because the appliance store offered no - interest financing for "small finance fee." Then the homeowner signed a contract printed in English. The contract provided for a purchase price of $900, payable in three equal monthly installments, plus a finance fee of $500. The homeowner made three installment payments of $300 each but never paid the finance fee. If the appliance store sues the homeowner for breach of contract and seeks to exclude any evidence of the conversation between the homeowner and the salesperson, how will the court likely rule?
2025-11-04
共128道
相关试题
单选题 Under the terms of a written contract, a contractor agreed to construct a garage for a homeowner for $$10,000. Nothing was stated in the parties' negotiations or in the contract about progress payments during the course of the work. After completing 25% of the garage strictly according to the homeowner's specifications, the contractor assigned his rights under the contract to a bank as security for an $$8,000 loan. The bank immediately notified the homeowner of the assignment. The contractor then, without legal excuse, abandoned the job before it was half - complete. The homeowner hired another builder to finish the garage. It will cost the homeowner at least $$8,000 to get the garage finished by another builder. If the bank sues the homeowner for $$8,000, which of the following will the court decide?
单选题 An elderly woman underwent major surgery and spent two weeks in the hospital. The woman continued to take powerful pain medication for several weeks after she returned home. During her recovery, she offered to sell her car for $$450 to her neighbor, who owned a house - cleaning service. The neighbor said, "That's great! I need a car to transport all the people who work for me to their job sites." In fact, the woman's car was worth $$3,000, and the neighbor knew this. He was also aware that the woman had undergone surgery and noted that she seemed "out of it" because of the medication she was taking. Several days later, the woman's son found out about the deal and contacted the neighbor, telling him that the woman would sell him the car, but for $$3,450. The next day, when the neighbor tendered $$450 and demanded that the woman give him the car, she refused. If the neighbor sues the woman for breach of contract, will he be likely to prevail?
单选题 During an ice storm, a man's car slipped down an embankment and became lodged against a large tree. The man called a towing company and told the company's manager that the car was 100 feet down the embankment. "That's lucky," said the manager, "because our winch only goes 100 feet." After the manager and the man agreed on a price, an employee of the company attempted to reach the car but could not because the car turned out to be 120 feet down the embankment. Is the towing company's performance excused on the grounds of mistake?
单选题 A buyer expressed interest in purchasing an industrial air - conditioning system manufactured by the seller. The parties agreed orally on a price of $$100,000 for the system, but continued to negotiate over several other matters regarding the air - conditioning system until finally settled, at which point they signed a written agreement. It provided that the price for the system, which would be delivered on June 1, would be $$110,000. The written agreement, a lengthy form contract, did not contain a merger clause. The seller delivered the system on June 1, but the buyer refused to pay more than $$100,000, citing the earlier oral agreement as to price. The seller sued the buyer for the additional $$10,000 under the written agreement. Is the court likely to admit the evidence of the oral price agreement of $100,000?
单选题 Responding to a county's written advertisement for bids, a tire company was the successful bidder for the sale of tires to a county for its vehicles. The company and the county entered into a signed, written agreement that specified, "It is agreed that the company will deliver all tires required by this agreement to the county, in accordance with the attached bid form and specifications, for a one-year period beginning September 1, 2019." Attached to the agreement was a copy of the bid form and specifications. In the written advertisement to which the company had responded, but not in the bid specifications, was a statement that "awards may be issued if they are in the best interests of the county." No definite quantity of tires to be bought by the county was specified in any of these documents. In January 2020, the company learned that the county was buying some of its tires from one of the company's competitors. Contending that the tire company-county agreement was a requirements contract, the company sued the county for damages caused by the county's purchase of some of its tires from the competitor. If the county's defense is to offer proof of the advertisement concerning the possibility of multiple awards, should the court admit the evidence?
单选题 A seller contracted to manufacture 1,000 toasters for a buyer for a specified price. The contract contained a provision that clearly stated: "This contract may not be assigned, and any violation of this prohibition voids the contract." After the contract was signed, the seller informed the buyer that the toasters would be manufactured by a competitor of the seller. Citing the nonassignment provision, the buyer claimed that it was no longer bound by the contract. Toasters manufactured by the competitor were of equal quality to toasters manufactured by the seller. Is the buyer bound by the contract?
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单选题 A power company operated a 100-turbine wind farm. The turbines began experiencing mechanical problems and required 10 new gearboxes in order to produce electricity at full capacity. Because the manufacturer of the gearboxes was unable to guarantee speedy delivery, the power company contacted a separate shipping company. The two companies signed a fully integrated writing in which the shipping company promised to deliver the gearboxes by June 1. Before the agreement was executed, the power company told the shipping company, "If you do not deliver the gearboxes by June 1, we will be unable to produce enough electricity to meet our existing contractual obligation to a nearby town." The shipping company was inexcusably late in delivering the gearboxes, and, as a result, the power company breached its contract with the nearby town and was found liable for breach damages. The power company then sued the shipping company, which was found to have breached its contract with the power company. At a hearing on damages, the shipping company now seeks to exclude any evidence of the conversation regarding timely delivery. How will the court likely rule?
