Jerry Purchased a State-Of-The-Art Computer for His Personal Use from Computer

question 23

Multiple Choice

Jerry purchased a state-of-the-art computer for his personal use from Computer City on an installment loan contract thinking he would make monthly payments directly to Computer City.The sales contract stated that in the event the contract is assigned to a third party,the purchaser (Jerry) promises he will not assert any claim or defense against the assignee which he might have against Computer City.Computer City immediately assigns the contract rights to Finance USA.The computer stops working within two weeks of the purchase.

• A) This is a valid waiver of defense clause.Jerry signed the contract,so he can't raise a defense to Finance USA.
• B) Finance USA is an intended third party beneficiary and may therefore enforce the contract.
• C) In general,this type of waiver is not permitted in consumer contracts,so Jerry can raise his claim against Finance USA.
• D) This is a delegation of Jerry's duties and the delegator remains liable on the contract unless a novation agreement is made.

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Definitions:

Workers' Adjustment Retraining and Notification Act

A U.S. law that requires employers to provide 60 days' notice before large-scale layoffs or plant closures.

Back Pay

The sum of money owed to an employee for work performed or as compensation for wrongful termination, often awarded following a legal or internal resolution.

Progressive Discipline

A method of managing employee performance issues through a series of escalating steps, including verbal warnings, written warnings, suspension, and finally termination.

Termination

The action of ending the employment of an employee or the conclusion of an employment contract.