Ben and Jerry are two Vermont entrepreneurs who would like to open an ice cream store. Bob, who is a good friend of Ben and Jerry’s, owns Moo Juice, Inc., a dairy farm in the area. Bob promises that if Ben and Jerry open their store, he will sell Ben and Jerry all of the milk they need for $1 per gallon for the first year that they are in business. Two years later, Ben and Jerry open their store. However, the market price for milk has risen to $2 per gallon and Bob refuses to sell milk to Ben and Jerry for less than that. If Ben and Jerry sue Bob for breach, they will: Win, because they cannot get milk from anywhere else for $1 per gallon Win, because the condition that Bob based his promise on was satisfied Lose, because two years have gone by since the promise was made Lose, because it is unreasonable to expect Bob to sell milk at 50% below market price

Ben and Jerry are two Vermont entrepreneurs who would like to open an ice cream store. Bob, who is a good friend of Ben and Jerry’s, owns Moo Juice, Inc., a dairy farm in the area. Bob promises that if Ben and Jerry open their store, he will sell Ben and Jerry all of the milk they need for $1 per gallon until Eddie, a large commercial ice cream manufacturer, signs Bob to be his exclusive milk supplier. Two years later, Eddie tries to negotiate a deal with Bob but the contract falls through. However, Bob works out a deal to be Breyers Ice Cream’s exclusive milk supplier. As a result, Bob cancels his contract with Ben and Jerry. If Ben and Jerry sue for breach, they will: Win, because the condition that frees Bob of his obligation was not satisfied Win, because they cannot get milk from anywhere else for $1 per gallon Lose, because the contract was illusory Lose, because Bob signed a deal with another company

Ben and Jerry are two Vermont entrepreneurs who would like to open an ice cream store. Bob, who is a good friend of Ben and Jerry’s, owns Moo Juice, Inc., a dairy farm in the area. Bob promises that if Ben and Jerry open their store, he will sell Ben and Jerry all of the milk they need for $1 per gallon for the first year that they are in business. Two years later, Ben and Jerry open their store. However, the market price for milk has risen to $2 per gallon and Bob refuses to sell milk to Ben and Jerry for less than that. If Ben and Jerry sue Bob for breach, they will have to prove that the condition that triggered Bob’s obligation was satisfied if they are to win the case: True False

Ben and Jerry are two Vermont entrepreneurs who would like to open an ice cream store. Bob, who is a good friend of Ben and Jerry’s, owns Moo Juice, Inc., a dairy farm in the area. Bob promises that if Ben and Jerry open their store, he will sell Ben and Jerry all of the milk they need for $1 per gallon until Eddie, a large commercial ice cream manufacturer, signs Bob to be his exclusive milk supplier. Two years later, Eddie tries to negotiate a deal with Bob but the contract falls through. However, Bob works out a deal to be Breyers Ice Cream’s exclusive milk supplier. As a result, Bob cancels his contract with Ben and Jerry. If Ben and Jerry sue Bob for breach, they will have to prove that the condition that canceled Bob’s obligation was not satisfied if they are to win the case: True False

College Painters, Inc. is a painting company, staffed and run by Boston College Students. Howard owns a house near the B.C. campus and hires College Painters to paint his house. The contract states that the company will paint the house white with blue trim and that Howard will pay the company $10,000 if he is satisfied with the work. Howard is dissatisfied with the work and refuses to pay. If the company sues Howard for breach of contract, Howard will: Win, because he is not satisfied with the job Win, if his dissatisfaction is in good faith Lose, because performance has already been completed Lose, if a reasonable man in Howard’s shoes would have been satisfied with the job

College Painters, Inc. is a painting company, staffed and run by Boston College Students. Howard owns a house near the B.C. campus and hires College Painters to paint his house. The contract states that the company will paint the house white with blue trim and that Howard will pay the company $10,000 if Mike, the real estate salesman whom Howard has hired to appraise his house after it is painted, is satisfied with the work. Mike is dissatisfied with the work and Howard refuses to pay. If the company sues Howard for breach of contract, Howard will: Win, because he is not satisfied with the job Win, if his dissatisfaction is in good faith Lose, because performance has already been completed Lose, if a reasonable man in Howard’s shoes would have been satisfied with the job

Howard has just bought a house in Boston and he hires ScapeArtists, Inc. to landscape his front and back yards. The contract states that ScapeArtists will landscape the grounds and that Howard will pay the company $10,000 if he is satisfied with the work. Howard is dissatisfied with the work and refuses to pay. If the company sues Howard for breach of contract, Howard will: Win, because he is not satisfied with the job Win, if his dissatisfaction is in good faith Lose, because performance has already been completed Lose, if a reasonable man in Howard’s shoes would have been satisfied with the job

Michelangelo hires Picasso to paint his portrait. Michelangelo promises to pay Picasso $8,000 and an extra $2,000 if he finishes the painting within a week. Picasso has almost finished the painting by the end of the sixth day. However, when he arrives at Michelangelo’s house on the seventh day to finish the painting, Michelangelo refuses to let Picasso in. On the eighth day, after Picasso has finished the painting, Michelangelo pays him $8,000. If Picasso sues for the extra $2,000, he will: Lose, because he did not finish the painting within a week Lose, because finishing the painting within a week was material to the contract Win, because finishing the painting within a week was not material to the contract Win, because he would have finished the painting within a week had Michelangelo not interfered

Ben and Jerry and Moo Juice enter into a contract under which, Moo Juice promises to sell Ben and Jerry all of the milk that they need and Ben and Jerry promise to pay $1 per gallon of milk. One week before the first shipment of milk is due, Moo Juice declares bankruptcy and goes out of business. Rising equipment costs, falling prices and the threat of mad cow disease have all combined to basically ruin the dairy industry and Moo Juice had no choice but to go out of business. If Ben and Jerry sue Moo Juice for breach of contract, they will: Win, because they made their contract with Moo Juice before Moo Juice began having financial problems Win, because there is an implied condition in the contract that Moo Juice will stay in business Lose, because Moo Juice’s financial problems were not foreseeable Lose, because Moo Juice went out of business for reasons that had nothing to do with their contract with Ben and Jerry

Ben and Jerry and Moo Juice enter into a contract under which Moo Juice is to deliver ten thousand gallons of milk to Ben and Jerry’s ice cream manufacturing plant on May 1st and Ben and Jerry will pay $1 per gallon. The contract calls for Moo Juice to deliver the milk to the plant’s loading dock. When Moo Juice’s trucks arrive at the plant, the entrance to the loading dock is locked shut and blocked by several large broken ice cream making machines. Not being able to deliver the milk, the trucks return to the Moo Juice farm. Ben and Jerry sue Moo Juice for breach of contract. They will probably: Win, because the milk was not delivered Win, because Moo Juice could have delivered the milk to another part of the plant Lose, because the contract had an implied condition of cooperation that Ben and Jerry violated Lose, because they can rearrange the delivery with Moo Juice

© 2003 - 2024 National Paralegal College