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Question
Refused Furniture. Selina arranges to sell furniture from her furniture store to Roland for $3,000. Roland was supposed to give Selina a $500 deposit on February 1 and pay the remainder in monthly installments. Selina was to deliver the furniture by February 7. Roland did not pay Selina as promised on February 1. He asked her to wait until March 1, but she refused. She also refused to deliver the furniture. Selina was able to sell the furniture for only $2,500 because of a downturn in the economy. Roland told Selina that she had no right to withhold or sell his furniture and that he was suing. Selina incurred $100 in additional amounts in advertising costs to advertise the furniture that Roland initially purchased. Selina saved $40 in delivery costs because the subsequent purchaser picked up her own furniture. Which of the following is true regarding any right of Selina to recover the additional advertising fees she incurred from Roland?
A. She is entitled to recover the damages if she can show that Roland agreed to pay such damages in his contract with her.
B. She is entitled to recover the damages if she can show that Roland orally agreed to pay such damages.
C. She is entitled to recover the damages if she can show that Roland has a history of breaching contracts of sale.
D. Selina will be able to recover the damages so long as they were reasonably incurred because of Roland's breach.
E. She is not entitled to recover the fees because she had no right to resell the furniture.
Answer
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Related questions
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Q:
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What do the initials ALJ represent in the administrative law arena?
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Q:
According to the text, what are three criticisms of arbitration when compared to traditional litigation?
Q:
In order to ensure that a case or controversy exists, the plaintiff must show:
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B. An actual legal dispute.
C. It is a proper matter for judicial determination.
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E. An adverse relationship between the parties, an actual legal dispute, and it is a proper matter for judicial determination.
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A court acquires in personam jurisdiction over the plaintiff when:
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Puppy Woes. Sam promised to sell Linda a Welsh Corgi puppy for $300 but backed out of the deal. Linda sued Sam in state court for breach of contract. Linda asked for a jury in her complaint. During jury selection, one juror, Ann, said that they did not think they could be fair to Linda because Linda did not appear to be a dog lover. Linda asked that Ann not hear the case, and the judge excused Ann. Linda also decided that another juror, Sandy, looked at her in a grumpy manner so she asked the judge to excuse that juror from serving. The judge did so. After the jury was chosen, Linda made a statement to the jury, as did Sam. Linda then called to the witness stand a friend of hers, Brenda, who heard the discussion held between Linda and Sam regarding the purchase of the puppy. Brenda testified under questioning by Linda that she heard Linda say that she would pay $300 for the puppy and that she also heard Sam say that he would sell the dog for that amount. Unfortunately for Linda, Brenda also testified in response to questioning by Sam that Sam distinctly told Linda that he would only sell the puppy to her if Linda came with cash for the puppy within seven days. Linda did not show up with the money for ten days and Sam had already sold the dog to someone else. The judge ruled in favor of Sam. The challenge to the juror who seemed grumpy is referred to as a(n)
A. Peremptory challenge.
B. Challenge for cause.
C. Stipulated challenge.
D. Fairness challenge.
E. Approved challenge.