SOLVED

66) Upon graduating from college, Anum receives a job offer across the country and moves there, giving up her apartment and cancelling all her other job interviews in the process. After she arrives, she is informed that there is no job. In most states, what may she recover? A) Reliance damages B) Liquidated damages C) Acknowledged damages D) Approved damages E) Nothing 67) Nina, an experienced pool contractor, and Charlie, a homeowner, agree on a price for Nina to build a pool in Charlie’s backyard. While the area is not known for rocks, Nina unexpectedly encounters a significant problem with solid rock in the backyard when she starts to dig. She tells Charlie that unless she receives an extra $5,000, she cannot complete the job. Charlie agrees, thinking to himself that he has a way out. When Nina finishes the pool, Charlie refuses to pay the additional $5,000. Which of the following is the most likely result of their dispute? A) Charlie will be required to pay because a typical, unilateral contract is involved, and he got the benefit of his bargain. B) Charlie will only be required to pay ½ of the agreed upon amounts because of the calculations involved under the preexisting duty rule. C) Charlie will be required to pay because unforeseen circumstances are an exception to the preexisting duty rule. D) Charlie will not be required to pay because he provided no additional consideration, and the preexisting duty rule applies. E) Charlie will be required to pay because a typical, bilateral contract is involved, and he got the benefit of his bargain. 68) Nina, an experienced pool contractor, and Charlie agree on a price for Nina to build a pool in Charlie’s backyard. Nina discovers that she did not initially include a sufficient charge for labor in her original price. She informs Charlie that unless she receives an extra $5,000 with which to hire workers, she cannot complete the job. Charlie agrees, thinking to himself that he has a way out. When Nina finishes the pool, Charlie refuses to pay the additional $5,000. Which of the following is the most likely result of their dispute? A) Charlie will be required to pay because a typical, bilateral contract is involved, and he got the benefit of his bargain. B) Charlie will be required to pay because unforeseen circumstances are an exception to the preexisting duty rule. C) Charlie will only be required to pay ½ of the agreed upon amounts because of the calculations involved under the preexisting duty rule. D) Charlie will not be required to pay because he provided no additional consideration, and the preexisting duty rule applies. E) Charlie will be required to pay because a typical, unilateral contract is involved, and he got the benefit of his bargain. 69) Which of the following was the result in the case in the text Hamer v. Sidway, in which, after performance by his nephew, an uncle reneged on a promise to the nephew to pay him $5,000 if the nephew refrained from drinking liquor, using tobacco, swearing, and playing cards or billiards for money until he was 21 years of age? A) That because refraining from the conduct at issue benefited his character and health, the nephew could not recover. B) That the nephew could recover, but only under promissory estoppel could he recover an amount compensating him for his reliance on the promise. C) That no consideration was involved, and the nephew could not recover because the proof established that the nephew had no interest in engaging in the items at issue, and avoiding them was no detriment to him. D) That no consideration was involved, and the nephew could not recover because the consideration from him did not consist of money or goods. E) That the nephew could recover because he supplied consideration. [Garage Sale] While cleaning out his garage, Ezra offers to sell Mia a used computer for $200. Mia replies, “I’ll think about it and buy it if I decide to do so.” Ezra also calls Irina and offers to sell Irina a used business law book for $50. She asks if she can clean his apartment in exchange for the book, instead of paying cash, and he agrees. Ezra also agrees to sell a communications book for $5 to Tam, who promises to pick it up the next day. Meanwhile, Diego comes to visit and offers Ezra $45 for the business law book. Ezra sells it to him because he decides his apartment is clean enough. Diego also offers Ezra $50 for the used computer. Ezra sells it to Diego because he does not expect to hear from Mia. Diego sees the communications book and offers Ezra $45 for it. Ezra decides to forget about Tam and proceeds to sell the book to Diego for $45. The next day Irina shows up to clean Ezra’s apartment and is very angry because Ezra did not save the book for her. Irina claims that Ezra breached their contract because they had a deal. Ezra says that they never had a deal because no consideration was present. He also says that even if cleaning house would be considered consideration, any housekeeping done would have been wholly inadequate to support receipt of the book because his house was already clean. Tam is also angry because Ezra sold the communications book, and informs him that he breached the contract he had with her. Ezra tells her that he had no obligation to hold the book for her because they had a unilateral contract. Two days after they first spoke, Mia tells Ezra that she would like the computer. She tells him that her response bound him and that he should have awaited her action. Ezra tells Diego that he needs to return everything for a full refund. Diego refuses. 70) Which of the following is true regarding whether Ezra breached a contract with Mia? A) Ezra did not breach the contract, but Mia can recover based on promissory estoppel. B) Ezra did not breach the contract with Mia because it was for the sale of goods and, therefore, a typical contract. C) Ezra did not breach the contract with Mia because he waited a reasonable amount of time before selling the computer. D) Ezra breached the contract because he had an obligation to wait a reasonable length of time for Mia’s response, and waiting only two days was not reasonable. E) Mia’s statement created an illusory promise, which cannot be enforced.  Â