Exam 12: Contracts and Sales: Performance,Remedies,and Collection

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Under the FDCPA,collectors identified as such can use postcards to contact debtors.

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False

The three-day-cooling-off period applies to:

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C

A seller recovering the difference between his resale price and the buyer's original contract price is an example of:

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A

People from the United States pledged $3.3 billion to support the rebuilding efforts in Haiti following the 2010 earthquake there.However,after 3 years,half of the money has not been dispersed,and nearly 500,000 people still live in tents.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. -What issue is there about whether there is a contractual obligation?

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Force majeure clauses:

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The Fair Debt Collections Practices Act applies to both commercial and consumer debt.

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The FCRA does not give the debtor a right of correction.

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Under the FCRA,the 100-word statement allows debtors to clarify their past credit experiences.

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An accord and satisfaction is a void contract.

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Incidental and consequential damages are the same types of damages.

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Material information is something that would affect the decision to buy or sell.

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Regulation Z provides the details of compliance with the Fair Credit Billing Act.

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Sue and Kevin Kellman signed a contract for the construction of a cabin near Pinetop.In building the $562,000 cabin,the builder discovered that it had to put the vent for the heating system in the area where the hall closet is located.The result was that the Kellman's had a half-closet there instead of a full-length closet that was open to the floor.The Kellmans:

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The Fair Debt Collections Practices Act applies to attorneys only if they are doing the collection on a percentage basis.

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Incidental damages are the costs of being compensated and are nonrecoverable.

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Chapter 13 bankruptcy is only available to consumers.

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The Fair Debt Collections Practices Act applies to:

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Fraud is misrepresentation with intent to mislead or deceive.

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Weldon Newfield was having a custom home built.He had a list of certain materials the contractor was to use in building the $270,000 home.Newfield was in Europe and the contractor could not find "Reading Copper Pipe" - one of the required materials.Since Newfield could not be reached and the contractor was under a time schedule,the decision was made to use another brand of copper pipe.When Newfield returned and learned of the problem,he refused to pay any remaining amounts due on the contract ($235,000).Can Newfield do that?

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The contracts of a person who has been declared legally incompetent are void.

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