Andy Has Entered into an Agreement Whereby He Can Make

question 32

Multiple Choice

Andy has entered into an agreement whereby he can make limited use of software that will remain stored at the licensor's site.Andy accesses the software over the Internet when he needs to use it,but does not store the software on his own computer.Andy uses this software three or 4 days a week,and usually has no problem,but on some occasions the licensor's computer is down and Andy cannot access the software.Based on the above,which of the following is true?

• A) Andy can get out of the contract because the inability to access the software is a material breach whereby he is not getting the benefit of the bargain.
• B) If the periods the computer is down are considered normal in the industry,there has been no breach.
• C) This is considered a breach of the warranty of noninterference.
• D) The downtime of the computer is not a breach only if it is scheduled in advance and Andy is given notice of it.

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Definitions:

Urine Output

The amount of urine produced by the kidneys and excreted by the body, an important indicator of kidney and overall health.

Respiratory Rate

The number of breaths a person takes per minute, an important indicator of respiratory function and overall health.

Primary Hypertension

High blood pressure with no identifiable cause, also known as essential hypertension, which develops gradually over time.

High-Protein Diet

A diet that emphasizes the consumption of high amounts of proteins, often used for muscle building and weight loss.