41. What does the term mitigation refer to in connection with damages?

Group of answer choices

The requirement of the nonbreaching party to allow the breaching party one final chance to perform the contract before being entitled to collect damages.

The combination of the different kinds of damages into a single dollar amount.

The duty of the breaching party to make a damages payment as soon as practical.

The calculation of lost profits in determining damages.

The duty of a nonbreaching party to make reasonable efforts to reduce damages.

42.

Office Min, an office supply company, ordered twenty 300-unit cases of computer DVDs from Cut-Rate Co., a manufacturer of computer products. Office Min placed the order using a preprinted purchase order form; Cut-Rate acknowledged the order by sending a preprinted acceptance form back to Office Min. Unlike Office Mins form that says nothing about packaging, Cut-Rates form specifies that the DVDs will be packaged with 10 DVDs per box, 30 boxes per case. Which statement is correct?

Group of answer choices

Cut-Rates packing term is a different term that materially changes the offer, and therefore there is no contract.

The UCC does not cover this type of goods.

The UCC does not cover the contract because both parties are merchants.

Cut-Rates packaging term is a nonmaterial additional term and therefore is part of the contract unless Office Min promptly objects to the term.

43.

A buyer purchased some equipment that costs $20,000. As part of the contract, the seller agrees to install this equipment for an additional $2000. After the buyer begins using equipment, problems develop. Some of the problems relate to how the equipment was installed, while others relate to the equipment itself. Which of the following is true?

Group of answer choices

The entire contract is covered under the UCC.

The entire contract is covered under common law.

The sales portion of the contract is covered by the UCC, but the installation services are covered under common law.

Either the entire contract is covered under the UCC or the entire contract is covered under common law; which one covers it depends on whether more of the problems relate to the equipment itself or to the installation.

44.

Ed advertises a reward for the return of his lost dog. Frank, who does not know of the reward, finds and returns the dog to Ed. Frank cannot recover the reward because he

Group of answer choices

returned the dog already

does not need the money

did not confer a benefit on Ed

did not know of the reward when he found and returned the dog

45.

Homeowner enters into an agreement with Grasscutter to cut the grass at homeowners house. The contract says nothing about delegation or assignment. Grasscutter gets a friend, Lawnmower to do the actual work. Which is true?

Group of answer choices

Because the contract does not mention assignment or delegation, Grasscutter cannot have someone else perform his duty.

Grasscutter can have Lawnmower do the work, but Grasscutter can be held responsible if Lawnmower does not do the work properly.

This is an assignment by Grasscutter of his duty to cut the grass.

This is a breach of the original contract because Grasscutter was the person hired.

46.

A promise to deliver merchandise in the future:

Group of answer choices

Is not consideration because the merchandise has not yet been delivered.

Is not consideration because the person delivering the goods does not necessarily receive a benefit for doing so.

Is consideration because it involves a new legal duty.

Is consideration so long as the party to deliver the goods received payment before they were delivered.