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____    32.       Flow R Now (Now) contracts to deliver 1000 boxes of long stemmed roses to Flow R Shop (Shop)  on February 9, 2012.  The roses are to be 20-inch stem. Each box has 20 roses and each box costs $20.

On February 5, Now calls Shop and says that they cannot deliver on Feb. 9, but may be able to deliver later in the week.

If Shop sues Now on Feb. 5, the lawsuit by Shop is based on 

a.

cover

c.

specific performance

b.

novation

d.

anticipatory repudiation

LeBron and Dwayne enter into a contract for the sale of a ring.  LeBron does not have one.   Dwayne travels from his home in Miami to meet LeBron in NY.  LeBron's home is in Akron.  They sign the contract in NY.  He finds flaws with the ring while in NY, has it appraised, and demands a refund.  Dwayne says no.

LeBron returns home and sues Dwayne in Ohio Circuit court.  A likely result is:   

a.

the court has jurisdiction because LeBron lives in Ohio.

c.

the court does not have jurisdiction because Dwayne did not travel to Ohio

b.

The court has jurisdiction because Dwayne traveled to sign the contract

d.

the court does not have jurisdiction because the breach did not occur in Ohio.

____    7.         States have the power to regulate all of the following except

a.

health

c.

commerce

b.

morals

d.

safety

Bill offers to sell his Consumer Service Center business to Dina for $100,000. Dina replies, "The price is too high. I will buy it for $90,000." Bill says, no way.  Dina says, OK, I'll buy it for $100,000.  What is the result?

a.

They have a binding contract for $100,000.

c.

The offer has been rejected and there is no binding agreement.

b.

They have a binding agreement, but need a new contract.

d.

The offer has been rejected and they have a binding agreement.

23.       Mitch  tells Mark, "I might sell you the skis that I bought last fall for about $200 since I haven't used them and the skiing season is almost over." Mark says, I accept."  This is

a.

an acceptance of an offer

c.

an offer and acceptance

b.

an invitation to accept an offer

d.

a statement of future intent

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