California Business Practice- April 2014

Monday, October 19, 2009

Exam questions

Hello everyone. I am stuck on question 40, why it is "c." Could anyone help me?
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6 comments:

  1. Carl JohnsonOctober 19, 2009 at 6:04 PM

    While I'm at it, was wondering why 3 is "b." I believe "d" to be equally valid since, according to p.493-494, paying money is still nonpersonal and you cant forbid such delegations, even though it may be in a contract.

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  2. Carl JohnsonOctober 19, 2009 at 6:08 PM

    This comment has been removed by the author.

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  3. Carl JohnsonOctober 19, 2009 at 6:09 PM

    Also confused why 15 is "c." A condition subsequent is one where the future event will terminate the obligation of the parties when it occurs. Last time i checked, the years 2000 and 1997 are not in the future, but thats beside the point. The promise to do something unless there is a fall in inflation below 3% is also a future event, so would "d" also be correct? (p.514)

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  4. Carl JohnsonOctober 19, 2009 at 6:12 PM

    On question 18, isn't the extinction of a plant just as objectively impossible as the death of a party? Neither will be able to be found or do anything since they do not exist anymore. Plus, "b" should be wrong because paying money is not a "personal service which is necessary to fulfill the terms of the contract." (p.521)

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  5. Katie LeporeOctober 19, 2009 at 10:32 PM

    hey carl, you have some good points here. here was my reasoning for some, though it definitely might not be right. or might not even help.... ha

    number 15 - letter d is saying that you will do it as long as inflation remains below 3%, meaning that it must remain below 3% before you do the contract. it must happen first. letter c is correct because you are already performing the contract and only will stop if and when al gore is elected president - condition subsequent.

    number 18 - once a person is deceased, their estate will still have to pay their debts if they are "contractually obligated to pay money." "a" refers to substantial performance, c refers to impossibility, and d obviously is bankruptcy.

    number 40 - definitely not A or B as they can be either merchant-merchant, non-merchant-non-merchant, or merchant-non-merchant. the ucc applies mostly to goods sold by a non-merchant. and i dont know d isn't right, it just didn't sound right haha.

    for number 3 - the reason i did not choose d was because if a contract forbids delegation, duties obviously cannot be delegated. but, i didnt know about that little clause you pointed out... so not sure about that one.

    i probably just confused you more, so sorry, but hopefully that helps some.

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  6. dylanjOctober 21, 2009 at 12:14 PM

    can anyone explain number 41? The written K between Baker and Able has Able purchasing 600 books @ $.90 each. Able requests the price to be reduced to $.80. That's all the question says, did Baker agree, forming an oral K? If Baker agreed I think it would be enforceable since the UCC doesn't require consideration for the modification of Ks (different from Common Law). I'm a little confused about whether it is admissible into evidence in court. I think it would be, in which case the answer is D?

    Anyone know this?

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