This topic contains a solution. Click here to go to the answer

Author Question: A carrier owned and operated by the shipper is: A) a common carrier. B) a common carrier. C) a ... (Read 146 times)

scienceeasy

  • Hero Member
  • *****
  • Posts: 565
A carrier owned and operated by the shipper is:
 A) a common carrier.
 B) a common carrier.
 C) a private carrier.
 D) a consignor.

Question 2

On February 7, 2015, A entered into negotiations with B for the purchase of B's farm. After consulting with an attorney and having the property appraised, B agreed to sell for 750,000. A and B agreed in writing that in exchange for 1,000 then received from A, B would hold the offer open for nine months. After six months, A wrote B that he was no longer interested in buying the farm. Several days later, A received notice from B that he was negotiating with C to sell the farm for 950,000. A immediately called B, who suggested that if A would agree to pay 875,000 and conclude the deal within 10 days, then B would still be willing to sell to A. A protested that B was driving a hard bargain, but finally agreed by telegram that evening to buy the farm for 875,000 within 10 days. A purchased the farm as agreed and then sought to recover 125,000 from B or alternatively to rescind the purchase (in other words, get out of the contract). What result and why?



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

nothere

  • Sr. Member
  • ****
  • Posts: 324
Answer to Question 1

C

Answer to Question 2

The problem presents a classic case of premature rejection with the offeree then trying to take back the rejection and accept the original offer negotiated into the option. Under the rejection is rejection view, B was free to sell to C and free to come up with the 875,000/10day deal. In this case and under this view, A is stuck and had to pay the 125,000. Under the alternative view, the option remains open for the full nine months regardless of rejection unless the parties agree to waive rights and refund portions of the option payment. In this case, A could still get land for the 750,000 price and is entitled to a refund. Rescission is not possible, since there was a valid offer and acceptance.




scienceeasy

  • Member
  • Posts: 565
Reply 2 on: Jun 24, 2018
Great answer, keep it coming :)


kswal303

  • Member
  • Posts: 316
Reply 3 on: Yesterday
Wow, this really help

 

Did you know?

The familiar sounds of your heart are made by the heart's valves as they open and close.

Did you know?

Cancer has been around as long as humankind, but only in the second half of the twentieth century did the number of cancer cases explode.

Did you know?

The lipid bilayer is made of phospholipids. They are arranged in a double layer because one of their ends is attracted to water while the other is repelled by water.

Did you know?

Astigmatism is the most common vision problem. It may accompany nearsightedness or farsightedness. It is usually caused by an irregularly shaped cornea, but sometimes it is the result of an irregularly shaped lens. Either type can be corrected by eyeglasses, contact lenses, or refractive surgery.

Did you know?

Inotropic therapy does not have a role in the treatment of most heart failure patients. These drugs can make patients feel and function better but usually do not lengthen the predicted length of their lives.

For a complete list of videos, visit our video library