(questions 41 & 42) -

1.help me answer it,present your original work

use all applicable law and relevant facts to comprehensively answer and explain each question (40 points each question).

Fix-it auto Company contracts to sell a car to Garth for $3,500. Garth gives Fix-It a worthless check for the price. Garth assigns his right to the car to Herb. If Fix-It refuses to deliver the car to Herb and Herb sues, can Fix-It raise Garth's fraud as a defense against delivery of the car to Herb? Explain why or why not.

2.Quicksilver Delivery Service contracts to deliver Pete's Pizza Parlor's products to its customers for $5,000, payable in advance. Pete's pays the money, but Quicksilver fails to perform. Can Pete's rescind the contract? Can Pete's also obtain restitution? What does it mean to "rescind" a contract? How is a contract rescinded? What is restitution? How is restitution accomplished? Explain.

3.A signed writing by a non-merchant to a merchant to buy or sell goods does not require consideration in order for the offer to be firm and irrevocable.True or False.

4.Sandy, a consumer, sent a purchase order for a special blender to Whirpool Inc. The order was silent regarding how many extraordinary features the blender was capable of performing. Whirlpool Inc. sent back a definite, unconditional acceptance that contained an additional term which stated that the blender will only guarantee three extraordinary features. Sandy received the acceptance, but she never agreed or objected to the additional term.

Did Whirlpool's acceptance form a contract between Sandy and Whirlpool?

assume that a contract is formed, was the additional term in the acceptance part of the contract?

A. No, because between merchants, the additional term does not become part of the contract unless the offeror agrees to it.

B. No, because both parties are not merchants.

C. No, because both parties, the additional term is not part of the contract unless the offeror agrees to it.

D. No, because both parties are not merchants, the additional term can not be part of the contract unless supported by consideration.