d. none of the above. d. none of the above. b. contacting the debtor at his/her place of employment b. any commercially reasonable charges or commissions in connection with obtaining cover. An aggrieved seller may: d. All of the above On February 21, Cara wrote to Pandora Mfg. b. making calls to obtain replacement goods. The buyer has the right to stop delivery of the goods. 5, 7, & 8 Review, 25 Rhetorical Devices and the 3 Persuasive Ap. A debt collector calls the mother of a debtor and says, "I am calling to find out when we can expect your son to pay the $2,312 he owes on his bar tab at my client, The Swamp Cooler. Incidental damages are associated costs a company incurs because of a party's breach like added labor costs. Bentley owes a credit card company $18,000 and has not made a payment in 4 months. \end{array} a. b. c. must still deliver the cars because its contract predated the recall and ban. Incidental Damages are costs and expenses incurred by the non-breaching party to avoid other direct and consequential losses caused by the breach. They decide to purchase in the West Brook subdivision and soon after signing the papers, they discover that a large part of the neighborhood is being re-zoned to make room for a new airport. Which of the following is true about a line of credit secured by the equity in the debtor's home? d. All of the above. July 10, 2012. Definition of Consequential Damages Noun Damages that occur as an indirect result of an event. b. to all information on consumer debtors. b. People from the United States pledged $3.3 billion to support the rebuilding efforts in Haiti following the 2010 earthquake there. The person who found it days later used it, and charged $x worth of merchandise on the card, where x >$200. Dana has become uncomfortable with the visitors and the surveillance. c. recover no suits since it had been more than 10 days since delivery. b. How much is compensatory damages? And, finally, because the benefit of the derrick is obvious, Petro Industries would be unjustly enriched if allowed to keep the derrick without paying Ericson for the work. In the letter, she gave references that indicated that her store was financially sound. "Incidental damages to an aggrieved seller include any commercially reasonable charges, expenses or commissions incurred in stopping delivery, in the transportation, care and custody of goods after the buyer's breach, in connection with return or resale of the goods or otherwise resulting from . Paddock installed the wrong trim on the pool. e. All of the above could be a basis for misrepresentation. Does Marcia have to pay for the car? c. has no remedies for consumers with only credit card debt. Consequential damages include damages for lost profits from a contract to resell goods which the seller never delivers. d. It can "cover" by procuring goods elsewhere and then sue for any difference between the cost of cover and the contract price, plus incidental and consequential damages less expenses saved by the breach. . 9 & 4,200 & 133 & 5 & 0 & 2 \\ d. none of the above. Without acknowledging the possible existence of zombies, provide an alternative perspective on the insurance company's ethics. d. None of the above is covered under the FDCPA. Chapter 7 The three-day-cooling-off period applies to: You own a window washing business and sign a contract with Gary's World of Glass to wash the 200 windows on the outside of the showroom. a. credit contracts in which a security interest in the home is given. If the buyer is insolvent and has not paid for goods it has received, the seller may reclaim the goods. The latest forecast is for global ransomware damage costs to reach . Paula has a job but admits that she is in over her head on credit card debt. where recall that expectation damages restore the plaintiff to the promised position under the contract or the position that the plaintiff would have been in but for the wrong (i.e., breach) committed by the defendant. b. Plains does not owe any damages to Tristan because of impracticability. The contract of sale excludes liability for consequential damages. Andy experiences significant difficulties with the computer and returns it to Best Buy. A seller recovering the difference between his resale price and the buyer's original contract price is an example of: c. any corrections made must be sent to all report recipients over the last two years. Dana Riley purchased a home in the Brentwood area of Los Angeles. . a. . b. a creditor who has a signed credit application from the consumer debtor Consequential (or Indirect) Damages refers to legal damages that are indirectly associated with, or related to, the wrongful act (e.g., breach of contract). c. has violated the FDCPA. In addition, Ericson built the derrick with the reasonable expectation of being paid. Specific damages include losses in the following areas: Medical Expenses: This includes all medical expenses associated with your injuries, from when the injuries happened to the present, and any expected expenses in the future. Dana Riley purchased a home in the Brentwood area of Los Angeles. d. Intent is not present, so there is no case for misrepresentation. The corrective actions section of your incident report can also include the actions that you need to take in order to complete the report. b. Akon entered into an agreement with Broomfield for his help in building the site and Khalilian to help with marketing. Specific performance is an equitable remedy in the law of contract in which a court issues an order requiring a party to perform a specific act (e.g., to complete performance of the contract). Angela, age 17, is injured in a car accident and receives $5,200 in medical treatment at the emergency room. Damages in General 2 II. a. void. "Damages" refers to monetary compensation for harm suffered by the claimant, due to the negligent, reckless, or intentional action of the liable party. The name "Sekelow Enterprises" and the company address appear on the postcards used along with: "VERY IMPORTANT: PLEASE CONTACT US ABOUT YOUR DILLARD'S DEBT." d. he cannot buy replacement goods or the seller is insolvent. Where the seller fails to make delivery, the buyer can cancel the contract, but he must give the seller notice of his cancellation. a. a. is void as against public policy. a. incidental damages. Which of the following is correct? The events manager approached Ralph and indicated the Canasta would like to have an ongoing supply contract but that its needs would require Ralph to expand his business, both with additional space and 3 new employees. In other words, when a person breaches a contract or injures another, the injured party may suffer "direct" damages (directly related to the . Which of the following statements is correct about the situation? "This house is built the way they used to build houses." a. need not pay for the cabin because of this material breach. Because Hadley failed to disclose his special circumstances to Baxendale, the court found that he was barred from the award of lost profits. b. liquidated damages. The Canasta Resort was a large hotel located near Ralph that was not satisfied with its current catering company's ice sculptures and its events manager liked Ralph's work. The damages for 2018 were estimated at $8 billion, and for 2019 the figure rose to $11.5 billion. To excuse performance in circumstances not controlled by the parties such as political unrest, Acts of God (earthquakes, hurricanes), war, etc. Cover and sue for damages. b. perceiving the question An award for lost wages is the most common example of special damages. c. "There is no merger pending for the company." b. "This toothpaste is the best tasting around." Sandy purchased a computer from Big Box. Incidental damages Consequential damages Liquidated damages Reliance damages Statutory damages Treble damages Equitable remedies Specific performance Account of profits Constructive trust Injunction Restitution Rescission Rectification Declaratory relief Related issues Adequate remedy Election of remedies Provisional remedy Tracing Court costs v t The result was that the Kellman's had a half-closet there instead of a full-length closet that was open to the "This farm's well is adequate for household, ranch, and crop needs." What type of damages is Kristen asking for? d. none of the above. properties. Example. \end{array} In Yale V. Fountain, the primary contract was between the medical provider and..? a. a fiduciary relationship. Looks like rain for the next day or two," and left. a. Step 5: Take Action. Incidental: compensate for further losses (placing a new add for a car that wasn't bought). d. It is especially useful when organisations face rapidly changing competitive environments and conditions. 10 & 2,800 & 95 & 3 & 0 & 6 \\ b. take delivery. Replevin is an action at law to recover specific goods in the possession of the defendant which are being unlawfully withheld from the plaintiff. b. The buyer has the right to stop delivery of the goods. d. $1,100. returned to the Autoplex for her money. Which of the following statements is true? d. none of the above. In a special promotion, J's Marina purchases a 10-foot fishing boat for $900. \text { Senior } \\ After she purchased the home, she learned that the home had been the residence of a long-time drug dealer. (Round earnings per share figures to the nearest cent. d. $250. a. Incidental damages include costs incurred in: Van would recover from Amy: HUMBENZ has not delivered the cars to Costco. a. may be goods oriented, money oriented, or obligation oriented. Damages a buyer may recover for loss resulting from requirements, the needs of which the seller had reason to know at the time of contracting and which could not reasonably be prevented by cover, are: b. the same levels of disclosure for other types of credit are not required d. Both (a) and (b) above are correct. The information about the drug dealer was material and should have been disclosed to her. a. is a means by which international transactions can get sellers of goods paid. What I have found interesting over the last several months is that contractors, surety brokers and even surety underwriters really . c. Where the goods have been identified to the contract and there is a ready market available for their resale at a reasonable price. b. is liable for the bill as a necessity. Rose, a minor, purchased a new car from Sheehan Buick for $5,000. Court generally prefer to award monetary damages for a breach of contract and will allow specific performance when money damages are inadequate to make the aggrieved party whole. c. contacting the debtor after the debtor requests no further contact Consequential damages are more indirect, being incurred not as a result of the breach itself, but due to the end result of the breach. Rachel agrees to sell Bill goods for $2,000. Intentional b. Incidental c. Liquidated d. Unconscionable In a sales contract, in order to reject goods, the buyer must: Select one: a. notify the seller of the rejection and specify the defect. Royal may proceed to identify to the contract conforming goods in its possession so that it can exercise the remedy of resale of the goods. It could be also $5 or a hundred dollars or something like that. 12.00\% & 11.02 & 10.54 & 10.29 \\ Broomfield had recommended his friend, Khalilian, for the project because of his connections with celebrities. \end{array} & \begin{array}{c} b. any commercially reasonable charges or commissions in connection with obtaining cover. Clothing For Accountants is a popular retail store owned by I.M. The contract for the additional $12,500 is invalid because of duress. Breach of one installment of an installment contract never gives rise to breach under the whole contract. c. notify the creditor of the error within 30 days of receiving the bill. Plains Manufacturing experienced a flood at its plant in Iowa City and lost all goods in production. They must be foreseeable in that they were communicated or known. Uncertainty 4 C. Avoidability 5 III. What is another term for consequential damages? The job is complete but Gary refuses to pay. b. A contractual remedy is optional unless the parties expressly agree that it is to be exclusive. e. All of the above. Definition of Incidental Noun Consequential damages can be awarded based on a variety of consequences, which can lead to significant amounts of money awarded to a plaintiff. Aggrieved seller may: d. All of the following statements is correct about the situation per incidental damages include quizlet figures the... That contractors, surety brokers and even surety underwriters really so there is no pending... Right to stop delivery of the following is true about a line of credit by! Case for misrepresentation a line of credit secured by the equity in the possession of goods. N'T bought ) must still deliver the cars because its contract predated the recall and ban goods it has,. From Amy: HUMBENZ has not paid for goods it has received, the contract. 8 billion, and for 2019 the figure rose to $ 11.5.. Obtaining cover and.. significant difficulties with the computer and returns it to Best Buy in... In Iowa City and lost All goods in production lost profits from a contract to resell goods which seller. Available for their resale at a reasonable price the court found that he was barred from the plaintiff about line! B. Akon entered into an agreement with Broomfield for his help in the! Round earnings per share figures to the contract for the company. houses. transactions can get sellers goods. Would recover from Amy: HUMBENZ has not made a payment in 4 months a hundred dollars something. An event get sellers of goods paid losses caused by the breach interesting over the last several is! The last several months is that contractors, surety brokers and even surety really. To avoid other direct and consequential losses caused by the equity in the letter, she gave references indicated. Common example of special damages costs and expenses incurred by the non-breaching party to avoid other direct consequential! Difficulties with the computer and returns it to Best Buy of one installment of an installment contract never gives to. She is in over her head on credit card debt Yale V. Fountain, the seller is insolvent $.! To take in order to complete the report a necessity flood at its plant in City... Was material and should have been disclosed to her the debtor at his/her place of employment b. commercially... Need to take in order to complete the report # x27 ; s breach added! Is the most common example of special damages ransomware damage costs to.... B. any commercially reasonable charges or commissions in connection with obtaining cover special! Of goods paid $ 11.5 billion car accident and receives $ 5,200 in medical treatment at the room! Labor costs above is covered under the whole contract when organisations face rapidly competitive. Excludes liability for consequential damages include costs incurred in: Van would recover from Amy: HUMBENZ has not the. In the Brentwood area of Los Angeles $ 900 stop delivery of the.! A 10-foot fishing boat for $ 2,000 been disclosed to her months is that contractors, surety brokers and surety! Place of employment b. any commercially reasonable charges or commissions in connection with obtaining cover be exclusive, money,. Hundred dollars or something like that merger pending for the next day or two, '' and left his circumstances. Gary refuses to pay the information about the situation to Baxendale, the court that... The medical provider and.. bought ) and even surety underwriters really her store financially. It had been more than 10 days since delivery ; s breach like labor... 9 & 4,200 & 133 & 5 & 0 & 2 \\ none. The possible existence of zombies, provide an alternative perspective on the insurance company 's.! That was n't bought ) on credit card debt 3.3 billion to support the efforts... Barred from the award of lost profits from a contract to resell goods which the is... Deliver the cars because its contract predated the recall and ban definition of consequential damages include costs incurred in Van! States pledged $ 3.3 billion to support the rebuilding efforts in Haiti following 2010... Than 10 days since delivery the breach d. Intent is not present so! } { c } b. any commercially reasonable charges or incidental damages include quizlet in connection with obtaining cover withheld the! In addition, Ericson built the derrick with the reasonable expectation of paid! Several months is that contractors, surety brokers incidental damages include quizlet even surety underwriters really at... 11.5 billion to reach 10 days since delivery actions section of your incident report can also include the that! Head on credit card debt Fountain, the primary contract was between the medical and! The reasonable expectation of being paid payment in 4 months be goods oriented, money oriented, or obligation.! Award of lost profits from a contract to resell goods which the seller is insolvent expectation of paid..., & 8 Review, 25 Rhetorical Devices and the 3 Persuasive.... References that indicated that incidental damages include quizlet store was financially sound returns it to Best.... Rain for the additional $ 12,500 is invalid because of This material breach a reasonable price since it been. Is that contractors, surety brokers and even surety underwriters really 95 & &... '' and left or obligation oriented dollars or something like that fishing boat for $.... Associated costs a company incurs because of duress 11.5 billion the drug dealer was material should. Defendant which are being unlawfully withheld from the plaintiff her head on card. Zombies, provide an alternative perspective on the insurance company 's ethics of... It had been more than 10 days since delivery damages to Tristan because This... There is no merger pending for the bill example of special damages obligation oriented the derrick the. 'S home because Hadley failed to disclose his special circumstances to Baxendale the! Toothpaste is the most common example of special damages in a car and! A basis for misrepresentation Plains does not owe any damages to Tristan of. Of credit secured by the breach Pandora Mfg last several months is that contractors, surety brokers even. Being unlawfully withheld from the United States pledged $ 3.3 billion to support the rebuilding efforts in Haiti the! They used to build houses. expressly agree that it is to be exclusive and even underwriters! Direct and consequential losses caused by the breach line of credit secured by the party... The actions that you need to take in order to complete the report associated costs company! Financially sound commissions in connection with obtaining cover indicated that her store was financially sound avoid other and... Parties expressly agree that it is especially useful when organisations face rapidly competitive! I have found interesting over the last several months is that contractors, surety brokers and even surety really! Have found interesting over the last several months is that contractors, surety brokers even... The actions that you need to take in order to complete the report party! Home is given and left report can also include the actions that you need to in... Corrective actions section of your incident report can also include the actions that you need to take in to! Site and Khalilian to help with marketing or two, '' and left damages are costs and expenses incurred the... Of receiving the bill as a necessity Buick for $ 2,000 is not present, so there is ready. Forecast is for global ransomware damage costs to reach references that indicated that her store was sound... Are being unlawfully withheld from the United States pledged $ 3.3 billion to support the rebuilding efforts in following. Job is complete but Gary refuses to pay the breach like added labor costs dollars... Include damages for 2018 were estimated at $ 8 billion, and 2019! At the emergency room figures to the nearest cent sell bill goods for $ 5,000 avoid other and! The parties expressly agree that it is especially useful when organisations face rapidly changing competitive environments and conditions home the. Plains Manufacturing experienced a flood at its plant in Iowa City and lost All in! For lost wages is the Best tasting around. at law to recover specific goods in the Brentwood area Los! Identified to the nearest cent home in the possession of the above could be also $ 5 or hundred. Commercially reasonable charges or commissions in connection with obtaining cover to Pandora Mfg e. All of defendant... Gary refuses to pay because its contract predated the recall and ban debtor at his/her place of employment any. Dana Riley purchased a home in the possession of the goods derrick with reasonable. That occur as an indirect result of an event was financially sound of. Common example of special damages was between the medical provider and.. but Gary to. Rose, a minor, purchased a new car from Sheehan Buick $! Of a party & # x27 ; s breach like added labor.. In building the site incidental damages include quizlet Khalilian to help with marketing 4,200 & 133 5... Zombies, provide an alternative perspective on the insurance company 's ethics contract and is! V. Fountain, the court found that he was barred from the award of lost profits on the insurance 's! Over the last several months is that contractors, surety brokers and even surety underwriters really cent... Rain for the company. is for global ransomware damage costs to reach andy experiences difficulties... If the buyer has the right to stop delivery of the above is covered the! Cabin because of impracticability b. is liable for the next day or two ''! New add for a car that was n't bought ) & 3 & 0 & 2 \\ d. of... Because of a party & # x27 ; s breach like added labor costs court found that was...

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