Question: QUESTION 31 Robert and Thomas signed a written contract which stated that Robert would loan $10,000.00 without interest to Thomas to be repaid on or
QUESTION 31
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Robert and Thomas signed a written contract which stated that Robert would loan $10,000.00 without interest to Thomas to be repaid on or before May 31, 2017. Thomas did not repay the full amount of the money until May 31, 2018, so Robert sued Thomas for one full year of interest at the legal rate on the $10,000.00 loan. At trial, Thomas wanted to testify that Robert e-mailed him, just before the due date, stating that the money could be repaid as late as May 31, 2018, without any penalty. Should this testimony be admitted into evidence?
A. No, because Thomas's payment was still one year late
B. Yes, because it satisfies the statute of frauds
C. Yes, because it is relevant to Thomas's defense
D. No, because it conflicts with the original written contract in violation of the parol evidence rule
QUESTION 32
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Victor said to Ivan: Ill buy your car for $10,000.00. Ivan replied: I accept your offer to buy my car, but I need to get all of my personal stuff out of it first and you will need to put on a new set of tires, because the old ones are obviously shot. Ivans reply was:
A. An offer
B. A rejection
C. A counter-offer
D. An acceptance
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At the end of the Fall 2018 semester, Rodney was fired from his job as a business law professor at Cal Poly Pomona despite the fact that his contract did not expire until the end of the Spring 2020 semester. He sued Cal Poly Pomona for breach of contract. Which of the following would best show that Rodney attempted to mitigate his damages?
A. He contacted several administrators at Cal Poly Pomona to gloat about the big judgment he was going to win in court.
B. He applied for the vacancy for Dean of the law school at UCLA.
C. He unsuccessfully tried to get unemployment benefits.
D. None of the answers are correct.
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