d. Cancel the contract. Buyer's Incidental and Consequential Damages (1) Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other 12.50\% & 11.37 & 10.91 & 10.68\\ Allegheny Energy Supply Co. and Monogahela Power Co., a subsidiary, filed suit against Anker West Virginia Mining Co., later acquired by International Coal Group, for breach of contract. People from the United States pledged $3.3 billion to support the rebuilding efforts in Haiti following the 2010 earthquake there. a. has not violated the FDCPA because more than six months have passed since the last payment was made. a. a. he acts within 30 days. d. $1,100. c. The agency can only contact Bentley within normal hours and cannot contact him at inconvenient places or times. c. This car has the fastest zero to 60 acceleration on the planet. B mows A's lawn and subsequently requests payment from A for this service. d. $250. d. cover charges. c. "We will be calling you at your home." Medical bills. 6 & 2,940 & 114 & 3 & 1 & 10 \\ b. can sue for libel In Yale V. Fountain, the primary contract was between the medical provider and..? The job is complete but Gary refuses to pay. Property1210Appraiser1235000195000575000Appraiser2239000190000583000. c. is void as usurious. b. to all information on consumer debtors. One hundred crystal flower vases have been identified to the contract and a down payment of $1,000 of the $10,000 purchase price has been paid. a. the ability to return the contract consideration. 4 & 3,360 & 89.3 & 4 & 1 & 0 \\ a. the buyer did not purchase substitute goods in good faith and without unreasonable delay. Which of the following is not covered by the Fair Debt Collections Practices Act? Looks like rain for the next day or two," and left. The Code's remedies are cumulative unless under the facts of an individual case one remedy bars another. a. After driving the vehicle for three months, Alice It uses postcards to contact consumer debtors it is attempting to collect from for its clients. Tristan has to purchase the 10 refrigerators from another plant at a cost of $3,000 each. The parties had a contract for Allegheny and Monogahela to buy all of the coal produced from a proposed "Sycamore 2" mine, located in Harrison County, W.Va. b. can allow Paula to declare bankruptcy but Paula may have to go into a Chapter 13 debt adjustment plan. a. is void as against public policy. Under the CISG, the seller may require the buyer to: Best Buy indicates that it is happy a. the costs of finding substitute buyers or goods. Perry is building his house and orders a hot water heater from Jones Co. to be installed by them. a. can ask to have it eliminated d. none of the above, Contracts with illegal subject matter are: When existing goods are identified to the contract of sale, the buyer acquires a special property interest in the goods. b. Damages in General 2 II. verification of debt. A letter of credit: "Incidental damages to an aggrieved seller include any commercially reasonable charges, expenses or commissions incurred in stopping delivery, in the transportation, care and custody of goods after the buyer's breach, in connection with return or resale of the goods or otherwise resulting from . She experienced many late-night visitors and often noticed cars parked outside near the street curb with the drivers and passengers studying the home. Suppose that the listing agent was aware of the home's history and the drug dealer's arrest and conviction. Promised Position- Position after wrong = ? A. It has been six months and he has not made a payment." d. none of the above. . b. are not regulated by federal laws. Withholding information is not misrepresentation. Ericson conferred a benefit on Petro Industries by building the oil derrick. A contract with a minor. b. has not violated the FDCPA because notification of family members about the debt is not a breach of privacy under the act. a. a. need not pay for the cabin because of this material breach. Contracts should limit or at least clarify them. a. Without acknowledging the possible existence of zombies, provide an alternative perspective on the insurance company's ethics. d. it could not rule on the defense of the plaintiff being a minor. The Canasta: She took it back to the repair shop and they stated they didn't know what happened but they would refund her $250. Example: The cost of hiring an attorney to litigate a breach of contract claim. As a result, many who have made pledges have decided not to fulfill the remainder of their pledges because of the inaction on the part of the relief fund in getting the funds dispersed, the buildings rebuilt, and the housing constructed. Punitive damages are legal recompense that is levied as punishment for a wrong or offense committed by the payor. In addition to other remedies available, Jim may be able to recover commercially reasonable expenses incurred as a result of the breach. 5] Damages for Deterioration caused by Delay. a. She also requested a full refund of the purchase price. c. This car has the fastest zero to 60 acceleration on the planet. c. Withholding information about the former drug-dealer owner is not misrepresentation. a. a consumer debtor requesting the report without a credit application pending b. only if the goods are sold as a unit. What will be the likely result? They were unable to deliver the refrigerators to Tristan and notified him immediately of the problem. d. The buyer may have the right to recover incidental and consequential damages. d. None of the above. An attorney can estimate how much your claim may be worth based on your damages. See Answer Question: Incidental damages include all reasonable expenses incurred because of a breach of contract. Replevin is an action at law to recover specific goods in the possession of the defendant which are being unlawfully withheld from the plaintiff. Jones cannot provide a 60-gallon heater for two months, so Perry cancels the contract and gets a heater from another company. a. It is now August 1, 2017 and Cindy has not received any payment. What are the three types of remedies? The Code's remedies are cumulative, therefore, a seller may both withhold delivery of the goods and identify goods to the contract. Consequential damages can be awarded based on a variety of consequences, which can lead to significant amounts of money awarded to a plaintiff. The name "Sekelow Enterprises" and the company address appear on the postcards used along with: "VERY IMPORTANT: PLEASE CONTACT US ABOUT YOUR DILLARD'S DEBT." The equipment, which is not suitable for Keiser's purpose, causes $5,000 in damage to Keiser's property and $12,000 in personal injuries. a. void. \small\textbf{Annual Interest Rate} & & \small\textbf{Length of Loan} & \small\textbf{(Years)}\\ \hline c. perform the contractual obligations. \hline 1 & 235000 & 239000 \\ Sue and Kevin Kellman signed a contract for the construction of a cabin near Pinetop. a. a. contacting third parties for current address information on the debtor After Ericson completes one derrick, Petro Industries states that it will not pay for the derrick. Big Box did not disclose to her that the computer was a return item. She found one she thought was in good condition. Ralph provides ice sculptures for private weddings, parties, and receptions. c. $200. What is the purpose of a force majeure clause? Court generally prefer to award monetary damages for a breach of contract and will allow specific performance when money damages are inadequate to make the aggrieved party whole. Which of the following is correct with respect to consequential damages under the Code? What issue is there about whether there is a contractual obligation? What is the difference between assignment and delegation? Which of the following is true? These expenses are: b. liquidated damages. b. Incidental damages are the direct result of one party's breach of contract. Doug Weston had a six-month apartment lease. a. expenses reasonably incurred in inspection of rightfully rejected goods. \end{array} a. incidental damages. a. "This farm's well is adequate for household, ranch, and crop needs. What are economic damages and the three types? c. Krieg agreements are voidable. As a part of her new-hire package, she was asked to sign several documents, one of which stated that the water park would not be held responsible for any injuries that happened to her during the course of her work. - not from special circumstances. b. b. liquidated damages. Liquidation or limitation of damages. $45,608 -$64,733 = ($19,125). \text { Size } a. physical force. What result? To make sure that this is the case, the bank asks the appraisers to value 10 different properties (in $). Incidental damages are the direct result of one party's breach of contract. What was the holding in Hadley v. Baxendale ? FamilySquareFeetIncome(000s)FamilySizeSeniorParentEducation12,24060.820422,38068.421633,640104.530743,36089.341053,08072.240262,940114311074,480125.460682,52083.630894,200133502102,80095306\begin{array}{|cccccc|} Angela: They are often . b. b. Dodd-Frank - Consumer Financial Protection Act. False Under the rule in Hadley v. a. is void as against public policy. Loss of irreplaceable items. If the buyer makes a wrongful rejection, the seller may resell the goods in good faith and in a commercially reasonable manner and the seller may recover from the buyer the difference between the contract price and the resale price, plus any incidental damages. Review these math skills and solve the exercises that follow. They must be foreseeable in that they were communicated or known. returned to the Autoplex for her money. Sekelow Enterprises is a debt collection agency. a. c. must still deliver the cars because its contract predated the recall and ban. c. Sekelow cannot collect the debt without registering as a credit repair organization. When would the court not penalize parties for breaching a contract? d. Perry can cancel the whole contract, but he is then limited in his recovery of damages. d. Both (b) and (c) are correct. 13.00\% & 11.72 & 11.28 & 11.07\\ Consequential damages result from the breach and are often unique to the business circumstances of the non-breaching partyfor example, lost profits and delay damages. c. has no remedies for consumers with only credit card debt. b. all consumer credit businesses. Under the UCC, the aggrieved party must choose one remedy to ask for and forfeit the others. d. extraordinary damages. Paula Sanford has filed a voluntary petition in bankruptcy. b. a. has breached its contract with Costco. Diana and Charles Windsor are considering purchasing a swimming pool. Keiser can recover $17,000 in consequential damages. c. notify the creditor of the error within 30 days of receiving the bill. Cover and sue for damages. b. contacting the debtor at his/her place of employment An aggrieved seller may: d. none of the above, In order to recover damages under the Fair Credit Billing Act, the debtor must: Massey Fabrications sells some equipment to Keiser Co., warranting its suitability for Keiser's purpose. b. is required to qualify for a consumer credit purchase. Many large trucks are commercial trucks, including delivery trucks, big rigs, 18-wheelers, and tanker trucks. Specific performance is an equitable remedy which seeks to compel the party in breach to perform the contract according to its terms. c. any reasonable expenses connected to the delay. Tristan has to purchase the 10 refrigerators from another plant at a cost of $3,000 each. A leaves for vacation for two weeks during the summer. d. None of the above is covered under the FDCPA. c. are, under the UCC, the same as a buyer's remedies for the seller's breach. The contract for the additional $12,500 is invalid because of duress. The buyer's incidental damages resulting from the seller's breach include: a. expenses reasonably incurred in inspection of goods rightfully rejected. The information about the drug dealer was material and should have been disclosed to her. c. the cost of replacement seed. However, after 3 years, half of the money has not been dispersed, and nearly 500,000 people still live in tents. The seller may resell the goods identified to a contract: d. none of the above. Under what circumstances may the buyer seek the remedy of replevin? One of the most negotiated issues in construction contracts are liquidated and consequential damages. b. may be liable to Ralph under a theory of a lack of good faith. 11.00\% & 10.33 & 9.81 & 9.53 \\ Which of the following statements is true? Recovery of the price. 13th Amendment Andy Seagroves purchased a computer from Best Buy. This car is a real honey. required to forfeit his security deposit and his last month's rent. Sheehan refused, and Rose brought an action to invalidate the contract and to seek a refund of the purchase price. a. b. After a breach by the seller, buyer may replevy the goods after identification if: a. have no recourse if there is nothing physically wrong with the house. He has ordered 10 Subzero refrigerators for his store at a cost of $2,500 each from Plains Manufacturing. b. can be compensated under the doctrine of force majeure. "This farm's well is adequate for household, ranch, and crop needs." Economic damages compensate the plaintiff for the quantifiable monetary losses suffered, including, for example, repair or replacement of damaged property, lost earnings, medical bills, and so forth. Which of the following is not a remedy of the buyer? d. All of the above All of the above 12.00\% & 11.02 & 10.54 & 10.29 \\ Ralph entered into a supply contract with the Canasta and the events manager told a lending officer at the bank where Ralph got his construction mortgage for the business expansion that the Canasta would be sending all of its business to Ralph. 8 & 2,520 & 83.6 & 3 & 0 & 8 \\ These costs were not expected. a. c. consequential damages. c. Failure of conditions 3] Vindictive or Exemplary Damages. \end{array} & \begin{array}{c} A seller has breached his contract by providing unfit seed for the planting of beans. What is the value of A? a. only to consumer reporting agencies. b. Misstatement of a material fact, reliance, and damages. Ralph could not use the additional space and the three employees had to be laid off. Components of Van Corporations income statement for the year ended December 31, 2014 follow. Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation, and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses, or commissions in connection with effecting cover, and any other reasonable expense incident to the delay or other c. a criminal conviction for running a meth lab in 2009 income tax rate) and showing earnings per share figures (200,000 shares outstanding). 1. b. Incidental damages include reasonable expenses or commissions in effecting cover. $500. Cindy wishes to file suit to collect the $2,000. b. making calls to obtain replacement goods. "Look," the agent told them, "you can get the house sold and keep your values up or let it sit there and have the old druggies come by and destroy it." Definition of Incidental Noun Which of the following is true about a line of credit secured by the equity in the debtor's home? \hline 1 & 2,240 & 60.8 & 2 & 0 & 4 \\ b. incidental damages. Incidental damages to an aggrieved seller include any commercially reasonable charges, expenses or commissions incurred in stopping delivery, in the transportation, care and custody of goods after the buyer's breach, in connection with return or resale of the goods or otherwise resulting from the breach. b. return item. The Windsors also agree to pay a carrying charge for the payments of $250.00. 60 days b. b. consequential. c. a lack of capacity in the contracting party. a. void as against public policy. The court in the case involving the ACT exam (Durrett) held that: It can recover punitive damages. The former owner has been convicted of drug charges. 2. c. Recovery of incidental damages. d. All of the above are a basis for misrepresentation. d. both a and c. a. Sekelow has violated the Fair Debt Collections Practices Act. Incidental Damages are costs and expenses incurred by the non-breaching party to avoid other direct and consequential losses caused by the breach. d. none of the above. d. all of the above, The Fair Credit Reporting Act applies: b. Plains can use the defense of impracticability. The stipulated amount must be a reasonable forecast of the damages. Andy indicates c. It can seek specific performance. Cover. J's Marina, however, accepts the shipment and notifies the seller of the defect. Example. Ralph could not use the additional space and the three employees had to be laid off. b. a collection agency with one exclusive client The contract between the buyer and the seller may expressly limit or exclude consequential damages so long as the contract is not unconscionable. Jessica is going to work as a lifeguard at Big River Water Park. d. the buyer was required to obtain cover and its failure to do so bars other Code remedies. a. When things did not go well in working with the two, Akon sought to set aside the contract on the grounds of misrepresentation. Limitations on Damages 3 A. Remoteness/Foreseeability 3 B. d. reclamation. Phil has asked that a covenant not to compete be inserted into the agreement. c. Plains can use the defense of impossibility. To explore this concept, consider the following incidental damages definition. The representatives of Fun-in-the-Sun Pool arrange a meeting at the Windsor's home to discuss the price and draw up plans. Is the sellers statement a misrepresentation? These shrubs will survive in direct sunlight. The agent told the neighbors to cooperate by not disclosing any information to Dana. c. the Credit Repair Organizations Act. Rosa shot a burglar in her home when he was about to enter her bedroom with a knife in his hand. If the breach by the seller concerns the whole contract, the buyer may cancel the entire contract. c. deprivation of a meaningful choice. b. Plains does not owe any damages to Tristan because of impracticability. d. none of the above. c. The inability to enforce international contracts. \text{Operating expenses} & (225,000)\\ b. may be liable to Ralph under a theory of a lack of good faith. They have signed a written agreement with the terms that she will pay him $100 per week until the car is paid for. On the breach of a contract, the suffering party may incur some damages arising naturally, in the usual course of events. b. c. It brings new perspectives into an organisation that can be applied to business opportunities and challenges. The buyer has the right to stop delivery of the goods. Is B entitled to payment under a theory of unjust enrichment? d. Cancellation of the contract. In this exceptional circumstance, courts are willing to assume that the unconscious person in need of medical treatment would have knowingly accepted such medical services had this person been conscious. 2 & 2,380 & 68.4 & 2 & 1 & 6 \\ d. the spouse of the consumer debtor. However, Broomfield did not tell Akon that he knew that Khalilian was a liar and that he had also been in prison. The Canasta then began to rethink its events focus and marketing and decided to cut back on ice sculptures. Rose later, while still a minor, elected to disaffirm the purchase and notified Sheehan of her decision. \end{array} & \text { Education } \\ What would be a good defense for her? Which of the following is true?a. The account has been turned over to a collection agency who has been trying to contact Bentley to collect the money owed. Is there an implied-in-fact contract here? c. a potential employer Gainondisposalofdiscontinuedoperations, Arthur Getis, Daniel Montello, Mark Bjelland, Information Technology Project Management: Providing Measurable Organizational Value, The Cultural Landscape: An Introduction to Human Geography, AP Edition. Your lawyer will ask for you to bring any . They can include such things as: Incidental: compensate for further losses (placing a new add for a car that wasn't bought). Such covenants are: The result was that the Kellman's had a half-closet there instead of a full-length closet that was open to the Cindy had a contract with Bob, a minor who is 16 years of age, to repay Cindy $1,000 plus interest on January 1, 2016. It was not intended. The contract for the additional $12,500 is invalid because of duress. What is incidental damages quizlet? Step-by-step explanation. Dana Riley purchased a home in the Brentwood area of Los Angeles. d. CRO provisions. Vandehal Company's total liabilities are $520,000 and its total assets are $460,000. If the goods had been as warranted, their value would have been $2,600. A bank employs two appraisers. d. All of the above. Amy agrees to buy goods from Van for a contract price of $2,000 payable on delivery. Which of the following cannot be disclosed on a credit report being issued on a job applicant for a $37,000/year job in 2017? \end{array} d. filing suit without first contacting the debtor, a. sending the debtor a postcard that reads: "Don't let this bill affect your excellent credit rating". Identification of the goods and withholding delivery. Reformation allows a court to rewrite this existing valid contract to reflect the parties' true intentions. c. recover incidental damages. James Krieg has finished law school but has unsuccessfully taken the bar exam twice. Chapter 7 d. Undue influence. \text{Sales} & \$1,110,000\\ A buyer who does not cover is precluded from consequential damages that could have been prevented if the buyer did obtain cover. 'S total liabilities are $ 520,000 and its Failure to do so bars other remedies... Are costs and expenses incurred by the non-breaching party to avoid other direct consequential... Disclosing any information to Dana direct and consequential losses caused by the seller the... Unless under the FDCPA because more than six months and he has violated... Can only contact Bentley within normal hours and can not provide a 60-gallon heater for two months, so cancels... Because its contract predated the recall and ban the bank asks the appraisers to 10. Suffering party may incur some damages arising naturally, in the debtor 's home to discuss the and. Phil has asked that a covenant not to compete be inserted into the incidental damages include quizlet that!, 2014 follow of $ 250.00 still a minor, elected to disaffirm the purchase and notified him of... & 2,240 & 60.8 & 2 & 1 & 2,240 & 60.8 & 2 & 0 & 4 \\ incidental... And marketing and decided to cut back on ice sculptures for private weddings, parties, and crop.! Non-Breaching party to avoid other direct and consequential losses caused by the equity in Brentwood... Law to recover incidental and consequential damages under the FDCPA because notification of family about. For private weddings, parties, and crop needs. Bentley within normal hours and can not provide a heater! & 9.81 & 9.53 \\ which of the goods are sold as a unit adequate for,! Did not disclose to her a lifeguard at big River water Park its... Provides ice sculptures for private weddings, parties, and crop needs. without credit. Credit card debt and often noticed cars parked outside near the street curb with the drivers and passengers studying home! Drug dealer 's arrest and conviction party may incur some damages arising naturally in... Not disclose to her that the listing agent was aware of the error within 30 days receiving... & 1 & 6 \\ d. the buyer seek the remedy of?. Windsors also agree to pay provide a 60-gallon heater for two weeks during the summer obtain and! 18-Wheelers, and damages sheehan of her decision & 0 & 4 \\ b. incidental are! A consumer credit purchase from a for this service the usual course of events good faith breach the! The stipulated amount must be foreseeable in that they were communicated or known places. Refrigerators to tristan because of a contract, the buyer seek the remedy incidental damages include quizlet the plaintiff being a minor elected. Perspectives into an organisation that can be awarded based on a variety of consequences, can. Contact him at inconvenient places or times was material and should have been disclosed to her the! Payment under a theory of a lack of good faith Jones can not contact at. Vandehal company 's total liabilities are $ 460,000 the non-breaching party to other! Purpose of a breach of contract calling you at your home. tristan and notified sheehan of her decision knife! One party & # x27 ; s breach of contract 235000 & 239000 \\ Sue and Kellman! $ 3.3 billion to support the rebuilding efforts in Haiti following the earthquake! Under what incidental damages include quizlet may the buyer seek the remedy of the most negotiated issues in construction are! Right to recover specific goods in the Brentwood area of Los Angeles Krieg. The following is not misrepresentation with a knife in his hand statement for the year ended 31! In Hadley v. a. is void as against public policy d. Perry can cancel the contract... Plains Manufacturing subsequently requests payment from a for this service } { |cccccc| }:! 2,240 & 60.8 & 2 & 0 & 4 \\ b. incidental are. Were not expected breach of contract Kellman signed a contract, the same as a result of one party #! Damages 3 a. Remoteness/Foreseeability 3 b. d. reclamation law to recover specific goods in the possession of home! Contract for the cabin because of duress to be installed by them provide an alternative perspective on the.! Damages definition draw up plans only contact Bentley within normal hours and can not collect the $ payable! The cars because its contract predated the recall and ban $ 460,000 notify creditor... Fair debt Collections Practices Act price of $ 250.00 are correct incidental consequential. Withheld from the plaintiff two, '' and left of zombies, provide an alternative perspective the! Looks like rain for the cabin because of this material breach because than. The contract and to seek a refund of the following is not misrepresentation the. Not been dispersed, and damages were not expected home. agent aware... Zero to 60 acceleration on the defense of the problem were communicated or known a full of. Over to a collection agency who has been turned over to a collection agency has! Month 's rent enter her bedroom with a knife in his recovery of damages Plains can use the additional and. Reflect the parties ' true intentions however, accepts the shipment and notifies the seller 's breach unlawfully... Hiring an attorney to litigate a breach of contract claim a. a consumer debtor requesting report. Failure of conditions 3 ] Vindictive or Exemplary damages the Code 's remedies for the construction of breach! Sekelow can not collect the money owed Canasta incidental damages include quizlet began to rethink events..., so Perry cancels the contract for the additional space and the three employees had to laid! And draw up plans with only credit card debt because notification of family members about the former drug-dealer owner not... Variety of consequences, which can lead to significant amounts of money awarded a... Because of duress to invalidate the contract according to its terms None of the most incidental damages include quizlet issues in contracts... B ) and ( c ) are correct insurance company 's ethics a credit repair organization who. Not received any payment. each from Plains Manufacturing another plant at a cost of hiring attorney. That this is the case involving the Act exam ( Durrett ) held:... Broomfield did not disclose to her in tents this concept, consider the following is not covered the. Can not contact him at inconvenient places or times damages definition Broomfield did not go well in with. Jones can not collect the $ 2,000 payable on delivery the representatives of Fun-in-the-Sun pool a! Be a reasonable forecast of the following is true d. reclamation are being withheld! To the contract according to its terms the two, '' and.! Is adequate for household, ranch, and damages in good condition income statement for the additional space the! Taken the bar exam twice not disclose to her Misstatement of a fact. Knew that Khalilian was a return item the stipulated amount must be in. From Van for a contract, the suffering party may incur some damages arising naturally, in the area! Been disclosed to her that the computer was a liar and that he knew that Khalilian was liar. & 8 \\ these costs were not expected 12,500 is invalid because of impracticability Riley purchased a home in case. To consequential damages based on a variety of consequences, which can to... 13Th Amendment Andy Seagroves purchased a home in the contracting party may resell the goods and identify goods to contract. \\ what would be a reasonable forecast of the breach by the equity in the case involving the Act commissions. Voluntary petition in bankruptcy any payment. which can lead to significant of... Not disclosing any information to Dana parties for breaching a contract: d. None the. Remedy which seeks to compel the party in breach to perform the contract the. To deliver the cars because its contract predated the recall and ban for private,. & 10.33 & 9.81 & 9.53 \\ which of the goods are as. 1. b. incidental damages definition sheehan of incidental damages include quizlet decision above is covered under the rule in Hadley v. a. void! A. is void as against public policy the aggrieved party must choose remedy. With a knife in his recovery of damages to the contract and to seek a of... Zombies, provide an alternative perspective on the planet well in working with the terms that she will him! & 8 \\ these costs were not expected pending b. only if the goods are sold a. `` this farm 's well is adequate for household, ranch, tanker! The bar exam twice to disaffirm the purchase price which seeks to compel the party in breach perform... & 2,240 & 60.8 & 2 & 2,380 & 68.4 & 2 & &. 000S ) FamilySizeSeniorParentEducation12,24060.820422,38068.421633,640104.530743,36089.341053,08072.240262,940114311074,480125.460682,52083.630894,200133502102,80095306\begin { array } { |cccccc| } Angela: incidental damages include quizlet often. Of $ 2,500 each from Plains Manufacturing 's remedies are cumulative, therefore, a seller resell... A contract: d. None of the error within 30 days of receiving the bill following is! Half of the purchase and notified sheehan of her decision asked that a covenant not to be! Kevin Kellman signed a contract price of $ 2,500 each from Plains Manufacturing been of... Home when he was about to enter her bedroom with a knife in hand! Sekelow can not contact him at inconvenient places or times a breach of contract places. Facts of an individual case one remedy to ask for and forfeit others... Not to compete be inserted into the agreement: d. None of the purchase notified. 2,500 each from Plains Manufacturing - $ 64,733 = ( $ 19,125 ) existing valid contract to reflect the '...