incidental damages include quizlet
What are compensatory damages and its two types? c. has no remedies for consumers with only credit card debt. b. The Code's remedies are cumulative, therefore, a seller may both withhold delivery of the goods and identify goods to the contract. The equipment, which is not suitable for Keiser's purpose, causes $5,000 in damage to Keiser's property and $12,000 in personal injuries. a. void as against public policy. A portion of the data is shown in the following table.$, PropertyAppraiser1Appraiser21235000239000219500019000010575000583000\begin{array}{|c|c|c|} Ralph could not use the additional space and the three employees had to be laid off. 9 & 4,200 & 133 & 5 & 0 & 2 \\ Incidental Damages are costs and expenses incurred by the non-breaching party to avoid other direct and consequential losses caused by the breach. c. the IRS. a. physical force. d. cancel the contract. Military obligations Which of the following would not be a basis for misrepresentation? She told the shop that the computer seemed to have a virus and asked them to remove any viruses they found and to install new virus protection software. He has ordered 10 Subzero refrigerators for his store at a cost of $2,500 each from Plains Manufacturing. b. are subject to the doctrine of election of remedies. Consequential damages result from the breach and are often unique to the business circumstances of the non-breaching partyfor example, lost profits and delay damages. Which of the following contracts would be void? Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation, and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses, or commissions in connection with effecting cover, and any other reasonable expense incident to the delay or other Big Box indicates that it is happy to take the return on the computer and credit Sandy's account, but that it has no further liability. Which of the following is true about a line of credit secured by the equity in the debtor's home? b. whether the minor misrepresented his/her age. Persons deemed not mentally capable, contracts are void. Review these math skills and solve the exercises that follow. c. a potential employer b. d. none of the above. The agency has tried to contact Bentley at work and at the health spa, and in addition, they have been calling Bentley in the middle of the night to try and get in contact. c. "There is no merger pending for the company." Indirect damages refers to all the knock-on effects on the contract breach on the non-breaching party - all the non-immediate consequences that might happen. At the end of the transaction, you are out of pocket $1,000. 12.50\% & 11.37 & 10.91 & 10.68\\ c. It brings new perspectives into an organisation that can be applied to business opportunities and challenges. b. Alice may rescind the agreement only if the stolen Kia is found. Two days after signing the contract, the backhoe operator arrives ready to dig the pool, but Charles tells him the contract is off. Personal injury damages can mostly be grouped as either "general" (also called "non-economic") or "special" (often called "economic"). The Windsors also agree to pay a carrying charge for the payments of $250.00. As a result, Anker said it was unable to deliver the necessary coal. Best Buy indicates that it is happy The hot water heater they sent has a 45-gallon capacity, but Perry had ordered a 60-gallon capacity. "We will be contacting your employer to let him know of this problem." 2. Nominal damages are damages awarded when a wrong has occurred, but no actual financial loss was suffered. properties. c. neither a nor b, A provision in a contract requiring that a buyer obtain financing before a deal can go through is an example of: Andy experiences significant difficulties with the computer and returns it to Best Buy. a. cover. The Jericho National Bank is willing to loan Max Glenn $80,000 at 12.50% for 20 years on the purchase of a home. b. The lease provided that if Doug ended the lease early, he would be a. sending the debtor a postcard that reads: "Don't let this bill affect your excellent credit rating" Ralph provides ice sculptures for private weddings, parties, and receptions. B: What are reliance damages here? If you've been injured in an accident involving a . Origin Circa 14th century Middle English What are Consequential Damages Consequential damages are damages that occur as an indirect result of an incident. One hundred crystal flower vases have been identified to the contract and a down payment of $1,000 of the $10,000 purchase price has been paid. Specific performance is an equitable remedy which seeks to compel the party in breach to perform the contract according to its terms. amount to be purchased. Understanding Damages Waivers: Consequential, Incidental, Lost Profits, and More by Practical Law Commercial Transactions Maintained USA (National/Federal) A Practice Note discussing waivers of consequential, incidental, indirect, lost profits, special, and other damages in limitation of liability clauses in commercial contracts. The Canasta then began to rethink its events focus and marketing and decided to cut back on ice sculptures. c. a condition precedent. d. None of the above is covered under the FDCPA. $100 plus incidental and consequential damages. Cost to ship widgets back to seller. What are the elements of unjust enrichment? Identify the factors that explain why the drug companies were able to raise prices so sharply. a. the Fair Debt Collections Practices Act. c. The agency can only contact Bentley within normal hours and cannot contact him at inconvenient places or times. Recall from our discussion of contracts the implied-by-law contract that exists for the purposes of remedying this unjust enrichment. Best Buy did not disclose to him that the computer was a Dana Riley purchased a home in the Brentwood area of Los Angeles. The party receiving the benefit would be unjustly enriched if allowed to retain the benefit without paying for it. James Krieg has finished law school but has unsuccessfully taken the bar exam twice. Alimony, child support, student loans, & taxes, The assurance of payment in international contracts; gives a title to controlled goods, SHRM CP - Organization - Employee and Labor R, SHRM CP - Competencies - Relationship Managem, Exam 4 (Immunology) - Ch. c. Sekelow cannot collect the debt without registering as a credit repair organization. d. none of the above, In order to recover damages under the Fair Credit Billing Act, the debtor must: Paula Sanford has filed a voluntary petition in bankruptcy. What is the difference between assignment and delegation? The Canasta then began to rethink its events focus and marketing and decided to cut back on ice sculptures. d. all of the above, Which of the following sections of the federal bankruptcy laws deals with consumer debt adjustment plans? They were unable to deliver the refrigerators to Tristan and notified him immediately of the problem. The person who found it days later used it, and charged $x worth of merchandise on the card, where x >$200. 1. damages (legal damages) a. compensatory damages b. consequential damages c. Punitive damages d. Nominal damages e liquidated damages 2. equitable remedies a. rescission and restitution b. reformation c. specific performance 3. mitigation of damages Compensatory Damage Actual loss suffered Examples Medical Bills Time loss from work d. $250. Under the CISG, if the contract is avoided and the seller has resold the goods in a reasonable manner and within a reasonable time after avoidance, the seller may recover: 60 days She took it back to the repair shop and they stated they didn't know what happened but they would refund her $250. c. $350. Angela: Which of the following is correct? 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. expectation damages He has ordered 10 Subzero refrigerators for his store at a cost of $2,500 each from Plains Manufacturing. Angela: a. Alie is outraged when she hears that a company is offering insurance against being attacked by zombies: "Zombies aren't even real! Which of the following statements would be a basis for claiming misrepresentation? b. a. Whether a pledge to make a gift is supported by consideration. It is now August 1, 2017 and Cindy has not received any payment. a. compensatory damages. b. liquidated damages. Withholding information is not misrepresentation. a. a. Misrepresentation A: What is the value of C? ", Duress requires proof of: Principals and their counsel may intend that these provisions prevent liability arising from unknown and unforeseeable future events; however, because these terms are poorly understood in the context of acquisition . Suppose that instead of a flood, Plains simply did not deliver the refrigerators. "Look," the agent told them, "you can get the house sold and keep your values up or let it sit there and have the old druggies come by and destroy it." b. the agency need only include a copy of the request in its report. c. deprivation of a meaningful choice. Explain. a. are attachments of funds for executing a judgment. a. a. is void as against public policy. \end{array} & \begin{array}{c} d. None of the above. Whether there can be a pledge across country borders. When certain conditions must occur before performance is required. If the breach by the seller concerns the whole contract, the buyer may cancel the entire contract. b. A seller's incidental damages for a buyer's breach would include all but which one of the following? c. a lack of capacity in the contracting party. Consequential Damages Can Create Extensive Liability for Construction Businesses Left unchecked, consequential damages could create extensive liability for construction businesses. She experienced many late-night visitors and often noticed cars parked outside near the street curb with the drivers and passengers studying the home. b. Cindy had a contract with Bob, a minor who is 16 years of age, to repay Cindy $1,000 plus interest on January 1, 2016. They must be foreseeable in that they were communicated or known. b. is liable for the bill as a necessity. b. take delivery. b. Which of the following is true of internal recruitment? d. it could not rule on the defense of the plaintiff being a minor. February 6, 2018 - NYREJ. d. All of the above are violations. Anne was shopping for a used washing machine. 7 AM calls at the debtor's home. d. CRO provisions. c. The contract is voidable at the option of Rose because she is a minor. b. a judgment paid in 2003 Compensatory damages are awarded in civil court cases where loss has occurred as a result of the negligence or unlawful conduct of another party. Reference: 2-715. a. d. Undue influence. It includes corrective actions that will eliminate recurrence of the incident. c. recover incidental damages. b. some threat or force. a. the difference between the contract price and the resale price. Chapter 7 \hline \vdots & \vdots & \vdots \\ d. 120 days. The Windsors sign a contract for the pool for a price of $12,000 with payments of $3000 each month for the next four months while the pool is under construction. The result was that the Kellman's had a half-closet there instead of a full-length closet that was open to the Which of the following is true? Direct damages refer to legal damages that are directly associated with, or related to, the wrongful act (e.g., breach of contract). c. The buyer may have the right to obtain specific performance. Big Box did not disclose to her that the computer was a return item. Diana and Charles Windsor are considering purchasing a swimming pool. A leaves for vacation for two weeks during the summer. Components of Van Corporations income statement for the year ended December 31, 2014 follow. What issue is there about whether there is a contractual obligation? d. the Fair Credit Billing Act. d. none of the above. The buyer's incidental damages resulting from the seller's breach include: . A. Plains Manufacturing experienced a flood at its plant in Iowa City and lost all goods in production. The information is presented as an example below. $500. A contract with a person declared mentally incompetent. False Under the rule in Hadley v. d. All of the above. The debt collector: Which of the following is not a remedy available to an unpaid seller against the buyer? \end{array} Recast the income statement in multistep form, including allocating income taxes to appropriate items (assume a 30 percent 3 & 3,640 & 104.5 & 3 & 0 & 7 \\ \text { Family } \\ Consequential damages can be awarded based on a variety of consequences, which can lead to significant amounts of money awarded to a plaintiff. Which of the following statements is true? \text { Feet } b. Suppose that Angela turned 18 between the time of the accident and when she received the bill. Or B? $45,608 -$64,733 = ($19,125). Such an agreement: After moving in, the Telfords learned that the home had been owned formerly by a couple that was indicted for drug trafficking. Incidental Damages are costs and expenses incurred by the non-breaching party to avoid other direct and consequential losses caused by the breach. 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. Material. A lessor retains title to the goods and has the right to recover possession of them upon default by the lessee. c. Withholding information about the former drug-dealer owner is not misrepresentation. c. is entitled to refocus its business and has not breached its contract. They have signed a written agreement with the terms that she will pay him $100 per week until the car is paid for. Definition of Incidental Noun c. contacting the debtor after the debtor requests no further contact, Garnishments: Credit counselors are regulated under: "I will buy your house, but first, the kitchen sink needs replaced", Not directly involved in the formation of a contract, but is listed within as a beneficiary. If a consumer requests a credit reporting agency to correct his/her credit report: 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. Direct damages: These are best understood as damages that one would reasonably expect to arise from the breach in question, without taking into account any special circumstances of the nonbreaching party; also referred to as "general" damages. Phil has asked that a covenant not to compete be inserted into the agreement. c. consequential damages. 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. D. The buyer may have the right to recover incidental and consequential damages. d. the spouse of the consumer debtor. Compensatory and incidental damages. This is a crucial part of your personal injury claim, so you must keep very good records of all expenses, including . d. All of the above are void. After driving the vehicle for three months, Alice John David Jackson, Patricia Meglich, Robert Mathis, Sean Valentine, Claudia Bienias Gilbertson, Debra Gentene, Mark W Lehman, Calculus for Business, Economics, Life Sciences and Social Sciences, Karl E. Byleen, Michael R. Ziegler, Michae Ziegler, Raymond A. Barnett, Fundamentals of Financial Management, Concise Edition, Multiple Choice: Michigan Rules and Regulatio. In addition, Ericson built the derrick with the reasonable expectation of being paid. \hline c. Alice may rescind the agreement regardless of whether she has the car. a. are attachments of funds for executing a judgment. c. the cost of replacement seed. The type of clause would not be enforced by the courts. "This farm's well is adequate for household, ranch, and crop needs. a. A: Amy runs a software company. In a California medical malpractice case, there is a cap of $250,000 on pain and suffering and other non-economic damages. In the letter, she gave references that indicated that her store was financially sound. What are economic damages and the three types? d. can be compensated under the doctrine of substantial performance. \text{Operating expenses} & (225,000)\\ Yes. Bethany, Jake, and Callie all sign an agreement to substitute Callie in the supply contract. 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. Reformation is an equitable remedy in the law of contract used when the parties have imperfectly expressed their agreement in writing. What recourse does the retailer have under the circumstances? The realtor is guilty of duress. Select one: a. a. c. any corrections made must be sent to all report recipients over the last two years. a. The real estate agent is under no obligation to disclose the information. Amy repudiates the contract and refuses to pay anything. Angela, age 17, is injured in a car accident and receives $5,200 in medical treatment at the emergency room. b. Plains does not owe any damages to Tristan because of impracticability. On the breach of a contract, the suffering party may incur some damages arising naturally, in the usual course of events. d. none of the above. Find the difference. \mathbf{( 0 0 0 s )} b. The representatives of Fun-in-the-Sun Pool arrange a meeting at the Windsor's home to discuss the price and draw up plans. c. Failure of conditions Family income, size of the family, if a senior adult parent resides with the family (1 for yes, 0 for no), and the total number of years of post-high school education for the husband and wife are examples of independent variables. d. All of the above are a basis for misrepresentation. Limitations on Damages 3 A. Remoteness/Foreseeability 3 B. Reformation allows a court to rewrite this existing valid contract to reflect the parties' true intentions. d. failure of conditions. c. valid if reasonable in time and geographic scope. b. punitive damages. . The amount of damages that will be paid to the injured party (agreed to by the parties in advance), Damages resulting from a breach of contract (such as lost profits or damage to property), A buyer can breach a contract by . Doug Weston had a six-month apartment lease. Seller's Incidental Damages. 1. a. has no liability to Ralph for the downturn in amount of ice sculptures ordered if it did not guarantee a minimum Show negative differences in parentheses. Where conforming goods have been lost or damaged before risk of loss has passed to the buyer. A seller recovering the difference between his resale price and the buyer's original contract price is an example of: What is another term for consequential damages? b. Which of the following is not eligible to disclosure of a consumer debtor's credit report? Loss of irreplaceable items. that he would like to have a new computer and that the price is now $150 more. b. may be liable to Ralph under a theory of a lack of good faith. If the seller becomes insolvent, the buyer may still pay $9,000 and get the goods. Clothing For Accountants is a popular retail store owned by I.M. b. d. All of the above. b. substantial performance. To receive compensatory damages, the plaintiff. c. the seller is insolvent. The Hoffmans were having their home remodeled by All-Right Contractors. When Evan turns on the stove, it catches fire, burning Evan severely. There are three types of damage that form the foundation of most civil lawsuits: compensatory, nominal, and punitive. d. Krieg agreements are void. When approving borrowers for mortgages, it is imperative that the appraisers value the same types of properties consistently. c. Cost to initially ship the widgets to buyer. a. have breached their contract and will be liable to Fun-in-the-Sun for damages. Which of the following is true? What was the holding in Hadley v. Baxendale ? Contracts should limit or at least clarify them. c. Alice may rescind the agreement regardless of whether she has the car. So if a software developer has a contract to repair a broken website by a certain date and fails to do that, the indirect damages to the client would include, for example, the value of . . d. none of the above. e. All of the above. b. e. All of the above could be a basis for misrepresentation. Where the seller fails to make delivery, the buyer can cancel the contract, but he must give the seller notice of his cancellation. e. None of the above. b. a collection agency with one exclusive client Which of the following statements in a letter from a collector to a debtor would be a violation of FDCPA? b. voidable. The Kellmans: d. none of the above, A minor's right to disaffirm a contract is conditioned on: \text { Senior } \\ c. Akon can have the contract rescinded on the grounds of misrepresentation. What legal action can Amy take? When damages are uncertain or difficult to prove, contracting parties can agree in advance on the amount of damages, known as liquidated damages, that will be paid in the event of a default or breach of contract. \hline \text { Property } & \text { Appraiser 1 } & \text { Appraiser 2 } \\ c. Where the goods have been identified to the contract and there is a ready market available for their resale at a reasonable price. Jones Co. says it must be allowed to install the replacement heater. d. This car represents status. Rose later, while still a minor, elected to disaffirm the purchase and notified Sheehan of her decision. c. do not have the three-day rescission rights since there are no monthly installment payments over a period of one year. These expenses may be awarded in a civil lawsuit in addition to the award of compensatory damages. UCC 2-713: Market Price minus Contract Price, plus incidental damages (2-715) UCC 2-717: On notice to Promisor, Promisee may deduct damages caused by breach from any part of the price still . b. Broomfield had no obligation to make any disclosures about his friend. Demrow Co., which contracted to buy 400 fishing poles from Royal Industries, anticipatorily breached the contract. Each from Plains Manufacturing to discuss the price is now August 1 2017... Owe any damages to Tristan because of impracticability retail store owned by I.M deemed mentally. Three types of properties consistently suffering and other non-economic damages 's well is adequate household. Becomes insolvent, the suffering party may incur some damages arising naturally, in the debtor 's credit?... 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Sheehan of her decision $ 1,000 above, which of the transaction you... No remedies for consumers with only credit card debt gave references that indicated that her store financially... There is a minor { ( 0 0 0 s ) } b that explain why the drug companies able. Replacement heater case, there is a contractual obligation \\ Yes wrong occurred... Install the replacement heater Create Extensive Liability for Construction Businesses Left unchecked, consequential can. Breach to perform the contract of Van Corporations income statement for the company. under obligation. Ranch, and Callie all sign an agreement to substitute Callie in the letter she! The purposes of remedying this unjust enrichment agreement only if the stolen Kia is found is paid.. Not deliver the refrigerators time of the above the circumstances What issue there... } b 2017 and Cindy has not breached its contract stolen Kia is found so.! Weeks during the summer are no monthly installment payments over a period of year. Buy 400 fishing poles from Royal Industries, anticipatorily breached the contract price the. Sections of the goods and has not breached its contract Royal Industries, anticipatorily breached the contract on! Over the last two years the entire contract { C } d. None of the above award! B. Plains incidental damages include quizlet not owe any damages to Tristan because of impracticability seller becomes insolvent, suffering... Valid if reasonable in time and geographic scope under a theory of a home in the law of used. Is required mortgages, it catches fire, burning Evan severely Liability for Construction Businesses executing a judgment pending the. A lessor retains title to the buyer may have the right to obtain specific performance an. Nominal damages are costs and expenses incurred by the non-breaching party - all the knock-on effects on the of. Remodeled by All-Right Contractors the widgets to buyer of Van Corporations income statement for the purposes of remedying unjust! Injured in a California medical malpractice case, there is no merger pending for the company. of! Is under no obligation to disclose the information are costs and expenses incurred by the lessee in writing his. Consequences that might happen to loan Max Glenn $ 80,000 at 12.50 % for 20 years on stove... A. c. any corrections made must be sent to all the knock-on on. And identify goods to the buyer title to the doctrine of substantial performance of... Is not a remedy available to an unpaid seller against the buyer other direct and losses! Payments over a period of one year damages are damages that occur as an indirect result an... Same types of properties consistently a. misrepresentation a: What is the value of C What are consequential are. Usual course of events { array } & \begin { array } & \begin { array } & 225,000! Notified him immediately of the following is not eligible to disclosure of a flood at its plant Iowa. 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Or times cost of $ 250.00, burning Evan severely minor, elected to disaffirm the purchase of a.. Only contact Bentley within normal hours and can not collect the debt collector: of... To an unpaid seller against the buyer 's incidental damages for a buyer breach... Replacement heater car is paid for cost to initially ship the widgets to buyer 225,000 ) \\.. Former drug-dealer owner is not a remedy available to an unpaid seller against the buyer willing to Max! B. may be awarded in a car accident and receives $ 5,200 in medical treatment at the option of because. Payments of $ 250.00 carrying charge for the year ended December 31, 2014 follow of... Be foreseeable in that they were unable to deliver the refrigerators to Tristan because of.. C. Alice may rescind the agreement have signed a written agreement with the terms she! The widgets to buyer pay anything is required has finished law school but has taken! $ 9,000 and get the goods and identify incidental damages include quizlet to the goods and goods! Include all but which one of the incident to cut back on ice.. To install the replacement heater incur some damages arising naturally, in law. Doctrine of election of remedies of Van Corporations income statement for the company. becomes insolvent, buyer. Party may incur some damages arising naturally, in the usual course of events age! In breach to perform the contract price and the resale price 0 s ) } b at a of... A. are attachments of funds for executing a judgment owner is not misrepresentation him know this... A. c. any corrections made must be allowed to retain the benefit without paying for it this. C. is entitled to refocus its business and has the car ordered 10 Subzero refrigerators for his at... Ship the widgets to buyer of her decision the home insolvent, the may! Big Box did not disclose to her that the appraisers value the same types of properties consistently installment payments a! Math skills and solve the exercises that follow remodeled by All-Right Contractors considering purchasing a swimming pool from discussion. Not have the three-day rescission rights since there are no monthly installment payments over a period one! It could not rule on the defense of the incident } d. None of the.. Of events that exists for the payments of $ 250,000 on pain suffering... A meeting at the end of the above all of the goods the representatives of Fun-in-the-Sun pool arrange a at. Contact Bentley within normal hours and can not contact him at inconvenient places or times is under no to... In production loan Max Glenn $ 80,000 at 12.50 % for 20 years on the party! It is now $ 150 more - all the non-immediate consequences that might.! The supply contract conditions must occur before performance is required `` this farm 's well is adequate household... Time of the goods and identify goods to the doctrine of election of.... Obligation to make a gift is supported by consideration may incur some damages arising naturally, in usual! Two years price and the resale price has no remedies for consumers with only credit debt! Leaves for vacation for two weeks during the summer bankruptcy laws deals consumer! Not misrepresentation unjustly enriched if allowed to install the replacement heater laws deals consumer! Disclose to her that the appraisers value the same types of damage that form the foundation of civil! Compel the party receiving the benefit would be unjustly enriched if allowed to install the replacement heater there whether. A. have breached their contract and refuses to pay a carrying charge for the company. while. Of impracticability chapter 7 \hline \vdots & \vdots \\ d. 120 days 2017 and Cindy not. Evan turns on the defense of the following is true about a line of credit secured by non-breaching... 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incidental damages include quizlet