Sarah and Mike enter into a contract in which Mike agrees to pay
Sarah $100 for her watch. Mike's subsequently transfers of his
right to receive the watch to his brother, Fred. Which of the
following is true?
A. Sarah would be considered the delegator.
B. Sarah can refuse to transfer the watch to Fred.
C. Fred is subject to any defense which could be asserted
against Mike.
D. Fred also has the duty to pay Sarah $100 for the watch.
Paul is a commercial fisherman. He sends an offer to
Something Fishy, a fish wholesaler, which states: "Paul will sell
his catch of Herring caught during the first two weeks in November
to Something Fishy for 45 cents a pound." Something Fishy sends an
acceptance on a preprinted form which contains the following
additional term in small print, "Something Fishy will only accept
delivery of fish on weekdays between the hours of 7am and
4pm." Which of the following
is true?
A. The common law applies because it is a sale of a good.
B. The additional term is a condition subsequent.
C. The additional term is treated as a proposal for an addition
to the contract.
D. The additional term will become part of the contract if it
does not materially alter the contract.
Sarah and Mike enter into a contract in which Mike agrees to pay Sarah $100 for her watch. Mike's subsequently transfers
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