Indefiniteness Self-Quiz
College Painters, Inc. is
a house painting company staffed and run by college students from Boston
College. The company has just signed a contract with Howard, a private
homeowner, to paint his house. The contract states that the company will
paint the house white with blue trim and Howard will pay the company $10,000
for the job. The contract says nothing about when the job must be completed.
Two days before the company is supposed to begin working, they get an
offer to paint a larger house for $15,000. The company calls Howard and
tells him that they will not be painting his house. Howard immediately
sues the company. The company defends itself by arguing that the contract
was void because time of performance was left out. The company will win:
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College Painters, Inc. is
a house painting company staffed and run by college students from Boston
College. The company has just signed a contract with Howard, a private
homeowner, to paint his house. The contract states that the company will
paint the house, the job to be completed in two weeks, and Howard will
pay the company $10,000 for the job. The contract says nothing about the
color that the house is to be painted. Two days before the company is
supposed to begin working, they get an offer to paint a larger house for
$15,000. The company calls Howard and tells him that they will not be
painting his house. Howard immediately sues the company. The company defends
itself by arguing that the contract was void because of indefiniteness.
The company will win:
|
College Painters, Inc. has
just signed a contract with Howard, a private homeowner, to paint his
house. The contract states that the company will paint the house, the
job to be completed in two weeks, and Howard will pay the company $10,000
for the job. The contract says nothing about the color that the house
is to be painted. However, Howard lives in a neighborhood whose zoning
laws require all houses to be white with blue trim. Two days before the
company is supposed to begin working, they get an offer to paint a larger
house for $15,000. The company calls Howard and tells him that they will
not be painting his house. Howard immediately sues the company. The company
defends itself by arguing that the contract was void because of indefiniteness.
The company will win:
|
Ben and Jerry, the owners
of an ice cream manufacturer, negotiate a contract with Moo Juice, Inc.
under which Moo Juice will provide 2% milk to Ben and Jerry at a price
of $1 per gallon. The contract states that Moo Juice will deliver the
milk to Ben and Jerry’s plant on the first of each month and that
the contract will last for two years. The contract says nothing about
how much milk Moo Juice is supposed to deliver each month. The day before
the first delivery is due, Ben and Jerry contact Moo Juice to tell them
that they have found a new milk supplier and that they will not be buying
milk from Moo Juice. Moo Juice immediately sues Ben and Jerry for breach
of contract. Moo Juice will probably:
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Ben and Jerry, the owners
of an ice cream manufacturer, negotiate a contract with Moo Juice, Inc.
under which Moo Juice will provide 2% milk to Ben and Jerry at a price
of $1 per gallon. The contract states that Moo Juice will deliver the
milk to Ben and Jerry’s plant on the first of each month and that
the contract will last for two years. The contract says nothing about
how much milk Moo Juice is supposed to deliver each month. At the beginning
of the first month, Moo Juice ships, and Ben and Jerry accept and pay
for, ten thousand gallons of milk. The same thing happens at the beginning
of the second and third months. The day before delivery is due at the
beginning of the fourth month, Ben and Jerry contact Moo Juice to tell
them that they have found a cheaper milk supplier and that they will not
be buying milk from Moo Juice. Moo Juice immediately sues Ben and Jerry
for breach of contract. Moo Juice will probably:
|
Ben and Jerry, the owners
of an ice cream manufacturer, negotiate a contract with Moo Juice, Inc.
under which Moo Juice will provide 2% milk to Ben and Jerry, to be delivered
on the first of each month, and that the contract will last for two years.
The contract says that the price of each month’s delivery will be
determined by the market price of milk at the first of each month. Market
price usually fluctuates between $1 and $1.10 per gallon. The day before
the first delivery is due, Ben and Jerry contact Moo Juice to tell them
that they have found a cheaper milk supplier and that they will not be
buying milk from Moo Juice. Moo Juice immediately sues Ben and Jerry for
breach of contract. Moo Juice will probably:
|
College Painters, Inc. has
just signed a contract with Howard, a private homeowner, to paint his
house. The contract states that the company will paint the house, the
job to be completed in two weeks. The contract also says that Howard and
the company will agree on a price at some point in the future but before
the job has been finished. Two days before the company is supposed to
begin working, they get an offer to paint a larger house for $15,000.
The company, knowing that they will not make as much painting Howard’s
house, calls Howard and tells him that they will not be painting his house.
Howard immediately sues the company. The company defends itself by arguing
that the contract was void because of indefiniteness. The company will
probably::
|
College Painters, Inc. has
just signed a contract with Howard, a private homeowner, to paint his
house. The contract states that the company will paint the house, the
job to be completed in two weeks and that Howard will pay the company
$10,000 upon completion of the job. The contract also says that Howard
and the company will agree at some point in the future as to the brand
of paint the company will use. Two days before the company is supposed
to begin working, they get an offer to paint a larger house for $15,000.
The company calls Howard and tells him that they will not be painting
his house. Howard immediately sues the company. The company defends itself
by arguing that the contract was void because of indefiniteness. The company
will probably::
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