Clive and Bill Were Not Friends but Worked in the Same

question 36

Multiple Choice

Clive and Bill were not friends but worked in the same firm. Both worked with computers and had computers at home. They entered a contract in which Clive agreed to sell Bill his "Apple, printer, and a compatible word-processing program for $3,000." When Bill went to take delivery of goods, he realized that there had been a great mistake. He thought Clive was selling his Apple Macintosh. By "Apple" Clive meant his Apple IIe. Furthermore, unknown to both of them at the time of the contract, the program disk had been destroyed by some coffee accidentally spilled on it by a friend of Clive's wife. Bill refused to go through with the deal. On these facts, which of the following is true if Clive sues Bill?

• A) With regard to the program disk, since all the elements of a contract exist offer, acceptance, consideration, etc. Bill must pay for it.
• B) With regard to which computer is the subject matter of the contract, the court will determine which computer was meant to be sold by the seller and declare that one to be the subject matter of the sale.
• C) Since the parties to the contract have a different understanding as to the subject matter of the sale, they can ask the court for rectification, that is, for the court to rewrite the contract.
• D) With regard to which computer is the subject matter of the sale, the court will examine which interpretation is the more reasonable; if they are equally reasonable, that part of the contract, at least, will be void.
• E) This is an example of caveat emptor and the purchaser has no remedy.

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Definitions:

Dysfunctional Thinking

Patterns of thought that are irrational, negative, and may lead to emotional distress or behavioral problems.

Negative Experiences

Negative experiences are events or situations that have a harmful or unpleasant impact on an individual's psychological or physical well-being.

Exploration

The act of investigating or studying something unknown or unfamiliar to gain knowledge or understanding.

Emotions

Complex psychological states involving physiological arousal, expressive behaviors, and conscious experience, often triggered by thoughts or external events.