TRUE OR FALSE

1. Ambiguity in a contract is typically interpreted against the writer.

2. incidental beneficiary has fewer rights as a third party than does a donee beneficiary or a creditor beneficiary.

3. All parties to a failed contract have a duty to mitigate.

4. If one merchant does not know, and could not know, of the extensive damages which would be caused by a breach of contract, the merchant in breach will not be liable for those extensive damages unless he were clearly informed of the possible extensive damages by the other merchant prior to entering into the contract.

5. Fred, a non-merchant, buys a motor scooter from ScootCo and they agree that ScootCo will hold the scooter as their place of business for five days pending pickup. The scooter is stolen during the five days. Fred bears the burden of the loss.

6. Failing to provide an adequate assurance of due performance give rise to the possibility of anticipatory repudiation and breach of contract.

7. The design of products, without consideration of foreseeable misuse in the design, could give rise to product liability.

8. In the world of product liability, manufacturers generally bear a duty to make safe or warn.

9. All wills must be notarized.