____ 41. Refer to Fact Pattern 14-1. If Watershed breaches the contract, Bella's remedy would most likely be
a. a certain ratio of the amount that Watershed has in liquidated funds.b. a percentage of Watershed's unrealized profit.c. the difference between the land's contract and market prices.
d. specific performance.
____ 42. Jim tells Dana that he will take her out to lunch on Thursday. Jim has made Dana a
____ 43. May tries to start her new car with no success. She yells that she will sell the car to anyone for $10. Nick, apasserby who owns Nick's Pre-owned Autos, hands May $10. This is
____ 44. Mary admires Julia's collection of scarves. Julia says "I might sell you a few someday, if I get tired of them."Julia's statement is
____ 45. Wally offers to sell a certain used forklift to Valu Lumber Outlet, but Wally dies before Valu accepts. Most likely, Wally's death
a. did not affect the offer.b. shortened the time of the offer but did not terminate it.c. extended the time of the offer.d. terminated the offer.
____ 46. Jenilee promises to pay Kyle $500 because "he does not have as much money as other people." Jenilee'spromise is
____ 47. Dave's uncle tells Dave that if "he feels that Dave deserves it," he will give Dave $1,000 when Dave graduates from college. Dave's uncle's promise is
____ 48. Colleen is intoxicated, but still mentally capable of understanding the consequences of her actions when she signs a contract to sell the rights to her latest phone app design to Addie. The contract is
49. National Drilling Company ships its only pump to American Hydraulics Corporation, the manufacturer, for
repair. National hires Overland Transport, Inc., to take the pump to American Hydraulics and to return it to
National as soon as the repair is complete. National is forced to suspend operations without a pump, but
Overland does not know this. National expects to be without the pump for five days and to lose profits of
$5,000. When the pump is not returned by the end of the fifth day, National rents a pump at a cost of $100 per
day. Overland delays five more days before returning the pump. National files a suit against Overland, asking
for compensatory, consequential, and punitive damages. Will National recover?
50. General Equity Corporation enters into a contract with Honi, who agrees to create artwork for General's main
office building. Honi delays and eventually refuses to perform. Meanwhile, General contracts to sell the
building to Ideal Investments, Inc., but before the transaction is complete, Jewel Funds Company offers to pay
a higher price. General refuses to transfer the building to Ideal. In separate suits by General against Honi and
by Ideal against General, each plaintiff seeks specific performance. How might the court rule in each case,
and why?
