Arnold Plans to Construct a Terrace for His New Home

question 2

Multiple Choice

Arnold plans to construct a terrace for his new home. He goes to Home Market and orders 20 planks of wood, clearly specifying that each must be nine feet by six inches. A few days before he has to pick up the wood, Arnold sees an advertisement in the paper from Lumber Emporium offering customized planks at half the price. When Arnold picks up the planks at Home Market, he notices that they are only five inches wide. Home Market offers him an additional plank free of charge to make up for the difference, but Arnold would prefer to get out of the contract altogether so that he can profit from Lumber Emporium's lower prices. Can Arnold terminate the contract for this breach?

• A) Yes, the term specifying the measurements of the lumber is a condition.
• B) No, the term specifying the measurements of the lumber is a warranty.
• C) No, although the term is a condition, the effects of the breach are slight.
• D) No, Arnold is terminating in bad faith.

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Definitions:

State Action

Activities or policies undertaken by government bodies or officials in the course of their official duties.

Equal Protection

The constitutional guarantee that the same laws and regulations apply equally to all people, ensuring no individual or group is treated unfairly.

Constitutional Principle

Fundamental laws and rights defined in a constitution that guide the legal and governmental system of a nation.

Government

The organized system through which a community, city, state, or nation is ruled, including the administration of policies, laws, and public services.