Negotiations Between Dave and Mary Resulted in the Following Agreement

question 131

Multiple Choice

Negotiations between Dave and Mary resulted in the following agreement: Dave would sell his property to Mary for the sum of $150,000 with the closing date to be August 10. When the two completed their discussion, Mary paid Dave $5000 as part payment of the purchase price and received a receipt. The contract was not in writing. On August 10, Mary tendered the remainder of the money, but Dave refused to convey the property. Mary sued Dave for breach of contract. On these facts, which of the following is true? (Assume all facts can be proved.)

• A) Mary cannot enforce this contract because the contract was not in writing.
• B) Mary cannot enforce this contract because the contract was not evidenced in writing.
• C) Mary can enforce this contract if the receipt specified the part payment was for the property in question.
• D) Mary cannot enforce the agreement because all of the consideration was not paid.
• E) Mary cannot enforce the agreement because she had not paid Dave all of the money.

Understand the concept of direct liability and respondeat superior liability.

Know how express authority is created and utilized in agency relationships.

Analyze the protective measures for third parties under apparent authority doctrine.

Understand the concept of runout and its types in dimensional metrology.

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Definitions:

Personal Data

Information relating to an identified or identifiable individual, including names, ages, addresses, and personal preferences.

Solicitation

The act of asking for or trying to obtain something, often in the context of fundraising or sales.

Personalization

The customization of products, services, or communications to meet the specific needs or preferences of individual customers.

Consumer-initiated Practice

Activities or behaviors begun by consumers themselves, often influencing business offerings or marketing strategies.