Zelda Contracts with Yvonne for a Supply of Specialized Computer

question 4

Multiple Choice

Zelda contracts with Yvonne for a supply of specialized computer components worth $6,000,which she needs to meet a contract to supply Winnie with 60 laptop computers,a contract that is worth $65,000 to Zelda.Zelda makes it clear to Yvonne that her contract with Winnie is vital to let her get established in the market and that it is imperative that Yvonne meet the deadline."If you can't," she says,"I'll take the business to someone who can." Yvonne wants the business badly,so,against her better judgment,she agrees to a clause in the contract that says that,for every day delivery is late,she will pay Zelda $10,000.

• A)This is a liquidated-damages clause and it will be enforceable against Yvonne.
• B)Because liquidated-damages clauses are against public policy,Zelda will not be able to enforce this clause if Yvonne is late performing.
• C)Although the court would not normally enforce this clause,since Yvonne was aware of the vital importance in this case of prompt delivery,the court will uphold the clause if she is late delivering.
• D)This is a penalty clause and the court will refuse to enforce it.
• E)Since Yvonne was under duress to sign this contract,the court will not enforce the clause,although under normal circumstances it would.

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Definitions:

Paranoic-critical

A method developed by Salvador Dalí meant to access the subconscious and enhance artistic creativity through a systematic irrational thought process.

Abstract Sculpture

A form of sculpture that emphasizes shapes, colors, and textures over realistic representation, focusing on the inherent beauty of the materials used.

Void

An empty space or emptiness, often used in art and architecture to describe areas devoid of any elements or materials.

Surface

The outer or top layer boundary of an object or material, which can be perceived or examined visually or tactilely.