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提问人：网友zw19820524 发布时间：2022-01-07

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Which of the following would not satisfy the applicable statute of frauds？

A、(A) An order form for 200 pairs of roller skates on the buyer’s pre-printed order form with the buyer’s letterhead but with no signature by an employee of the buyer. The lawsuit is against the buyer for refusal to accept the roller skates delivered by the seller.

B、(B) A combined set of three writings stapled together by the buyer which, when all three are viewed together, supply all elements of the agreement. Only one of the three writings is signed by the buyer, who is the party to be charged.

C、(C) A telegram sent by a buyer to a seller confirming the deal with the buyer’s name typed by the telegraph company; the suit is against the seller of real property.

D、(D) A letter from a buyer to her friend describing a deal the buyer recently entered into with a seller for a parcel of land. The seller is now suing the buyer for specific performance.

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更多“Which of the following would not satisfy the applicable statute of frauds？”相关的问题

第1题

Which one of the following solutions is the author in favor of for the business of cost control?

A．Football clubs must implement the team salary caps.

B．Football clubs should have its characteristic way of controlling costs.

C．Football clubs should not be commercially-oriented.

D．Some football clubs could learn from the select band of clubs.

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第2题

1. Which of the following controls helps to ensure that payroll payments are only made to bona fide employees? (1) Personnel records maintained for all employees (2) Comparison of bank transfer listing with payroll (3) Segregation of duties between staff involved in human resources and payroll functions (4) Reperformance of the calculation of a sample of payroll deductions

A、(1) and (2)

B、(1) and (3)

C、(2) and (4)

D、(3) and (4)

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第3题

An __________ computer will be an indispensable diagnostic tool for doctors.

A、intelligent

B、intellectual

C、intellect

D、intelligible

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第4题

A homeowner entered into a written contract with a local construction firm to build a 12’ by 12’ addition onto the homeowner’s house for $25,000, payable on completion. Under the terms of the contract, the homeowner’s duty to pay the entire contract price was conditioned upon the construction firm’s completing the job by March 30. Shortly after the homeowner and the construction firm drew up their contract, the city in which the homeowner’s house is located revised several zoning regulations. One of the revised regulations prohibited property owners in residential areas from building structures on their property less than three feet from their property line. To bring the project into compliance, the construction firm instead built a room measuring 11’ by 12’. The decrease in the size of the addition reduced the value to the homeowner by $1,000. The cost of paying another contractor to extend the room, assuming such extension were legal, would be $5,000. If the construction firm completes the project on time and conforms with all other contract specifications, to what amount is the construction firm entitled in payment?

A、(A) $25,000, less the construction firm’s cost and profit allocable to the “missing” foot.

B、(B) $25,000, because the constructive condition of complete performance by the construction firm was excused.

C、(C) $25,000, less $5,000, because the construction firm substantially performed.

D、(D) $25,000, less $1,000, because the construction firm substantially performed.

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第5题

A female horse won the most competitive horse race in the United States three years ago. Since her retirement, her owner has not been able to successfully breed her. A veterinarian who specialized in new techniques for breeding animals that have not been able to conceive approaches the horse owner with an offer to purchase the female hose, explaining that the veterinarian has always been a devotee of hose racing and has had a lifetime ambition to own a winning hose. While the veterinarian’s explanation is truthful, the veterinarian does not tell the owner that the veterinarian wishes to try this technique on the female horse. The owner sells the female horse to the veterinarian for $50,000, a generous price for a sterile, retired racehorse, but far less than the value of the hose if she could bear offspring. Soon after the veterinarian purchases the female horse, the veterinarian extracts eggs from her ovary, fertilizes them in a test tube, and implants the fertilized egg in her womb. When the owner learns that the female horse is pregnant and the sire is another winner of the most competitive horse race in the United States, the owner sues the veterinarian to rescind the sale. In that action, judgment for who?

A、(A) The owner will prevail, because his ignorance of the fact that the female horse was capable of being bred successfully constitutes a unilateral mistake.

B、(B) The owner will prevail, because there was a mutual mistake.

C、(C) The veterinarian will prevail, because attempts to breed the animal by the veterinarian would be foreseeable to the owner.

D、(D) The veterinarian will prevail, because the owner has no legal basis on which to rescind this valid contract.

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第6题

园林树木生活型有哪几种类型？

A、乔木

B、灌木

C、藤木

D、匍匐型

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第7题

A whitewater rafting tour company and a state college faculty association arranged to rent all of the tour company’s rafts for a faculty ride down the Rocopico River the first weekend of spring break. The contract price was set at $2,500 including a $1,000 nonrefundable deposit. The deposit was designated as “liquidated damages.” The association paid the $1,000 and agreed to meet the tour company owner and the rafters at Avon on the Rocopico on March 18 at 7:30 A.M. The owner and his rafters showed up at Avon with their rafts in tow at 6:30 A.M. on the morning of March 18. At 10 A.M., no one from the association had shown up. At 10:30 A.M., a group of students from the local elementary school showed up in Avon and became interested in a short ride when they saw the rafts were available. The tour company owner concluded that the association was not going to show up, so he arranged with the head teacher of the elementary school to take the students on a day trip, for $2,000. The owner spent the rest of the day with the students on the river. The association requested a return of the deposit, but the whitewater rafting tour company refused to return the deposit. The association has pursued a legal action to recover a refund of the $1,000 deposit. Will the court enforce the liquidated damages clause?

A、(A) No, because $1,000 is an unenforceable penalty, and damages are sufficient compensation for the breach.

B、(B) No, because the whitewater rafting tour company was able to mitigate its damages.

C、(C) Yes, because $1,000 was a reasonable estimate of damages in the event the association breached the contract.

D、(D) Yes, because the parties agreed to liquidated damages.

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第8题

A community theater received a request from the local opera company to stage a production at the theater the following January. The theater director agreed to have a local designer design the sets for the opera. They signed a written contract that promised the designer $5,000 for the sets. The director had some specific ideas and insisted on some detailed specifications for the sets. However, the theater stage was smaller than was really needed, and it would be difficulty to fit everything the director wanted into the production. Under the agreement, the designer was to provide all material and labor and would begin work on October 1. The $5,000 would be paid upon completion of the sets. The designer was going to make a profit of $1,000. On September 15, the director called the designer and told her that it was impossible for the theater to stage the opera and that she was going to cancel the production. Knowing that her contract was enforceable, the designer urged the director not to act hastily and to take some time to think about it. On September 17, the designer spent $1.500 on materials for the sets that she was to build according to the director’s specifications. The materials were not suitable for anything other than the opera sets. If the designer sues the theater for breach for contract, what is she entitled to recover?

A、(A) Nothing, because she is estopped from recovering damages due to her failure to mitigate.

B、(B) $1,000 as expectation damages.

C、(C) $1,000 as expectation damages and $1,500 as reliance damages.

D、(D) $5,000 as expectation damages.

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第9题

An inventor and owner of an innovative company that sells woodworking machinery and tools read an article about the hearing loss woodworkers commonly suffered due to the extremely loud machinery. He was struck with the “perfect” idea: a noiseless power saw, which would not only help humanity by helping to save the hearing of millions of woodworkers, but which was also certain to yield a large profit. The inventor researched companies working to develop quieter engines and discovered a little-known manufacturer whose owner had invented an unusually quiet engine The inventor believed it could be adapted for power saws and other machinery. His only concern was whether the “silent” engine would be powerful enough to cut through all types of wood. After extensive negotiations, the inventor agreed to purchase 5,000 “silent” engines for $50 each, to be shipped to the inventor’s warehouse with his having prepaid the shipping cost. The purchase and sale agreement stipulated that each engine must be powerful enough to allow the saw to cut through both hard and soft woods of all types. The contract further provided that the manufacturer would deliver the engines in lots of 500 units each month, beginning on October 1, and that he would pay for each lot within 48 hours of delivery. After the first shipment of engines was delivered to the warehouse on October 1, the inventor sent the manufacturer a $25,000 check. However, after testing all 500 engines, the inventor found that not a single engine was capable of producing the power necessary to cut all types of wood. The inventor notified the manufacturer that he was hereby rejecting the engines already delivered and that he would reject all future deliveries because the engines did not meet the minimum power requirements. With regards to the 500 engines delivered to the inventor, what amount of damages can the inventor recover and/or what remedies are available to hi.?

A、(A) Two-thirds of the $25,000 he paid for the engines.

B、(B) The entire $25,000 he paid for the engines, but he cannot resell the engines.

C、(C) The entire $25,000 he paid for the engines, or he can resell the engines.

D、(D) No damages.

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