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

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A weight-loss ad claims,"Lose up to five pounds per week." Is this statement a basis for misrepresentation?

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"This shirt is 100% cotton" is a statement that is puffing.

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What rights does a debtor have if he/she discovers inaccuracies in the credit report?

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Unconscionability is an illegality defense.

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If a consumer requests a credit reporting agency to correct his/her credit report:

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The difference between fraud and misrepresentation is proof of intent.

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An assignment is the transfer of benefits under a contract.

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Contracts with illegal subject matter are voidable.

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Credit counselors are regulated under:​

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Incidental damages include:​

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Dee's Caterers contracted with Glen Allen Peanut Farms for the purchase of a one year's supply of peanuts for Dee's business.The price was $1.21 per pound.The Glen Allen Peanut Farms was hit by a frost that damaged most of its crops and left what remained with an odd taste.Because other peanut farms also fell victim to the frost,the price of peanuts rose to $3.37 per pound.Dee's demanded delivery.Glen Allen said it would cost too much to perform.Must Glen Allen perform? What damages would Dee's have?

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A television rent-to-own contract that requires 24 payments of $30 each before the renter owns the $199 television set is unconscionable.

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Duress requires proof of physical force.

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Akon had an idea for a website called "Fantrace," a site that would help celebrities connect with their fans.Akon entered into an agreement with Broomfield for his help in building the site and Khalilian to help with marketing.Broomfield had recommended his friend,Khalilian,for the project because of his connections with celebrities.However,Broomfield did not tell Akon that he knew that Khalilian was a liar and that he had also been in prison.When things did not go well in working with the two,Akon sought to set aside the contract on the grounds of misrepresentation.Which of the following is correct?

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Undue influence requires proof of a confidential relationship.

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The Jameses were negotiating the purchase of the Smith's home but requested a termite inspection.The inspection came back clear from ABC Bug,Inc.The Jameses bought the house and immediately began to notice signs of termite infestation.They called Goodbye Bug,Inc.,and their technician confirmed significant termite infestation and damage.The technician said he had inspected the home for the Smiths just a few weeks earlier,but was never asked to repair and exterminate.The Jameses want out of the house and the contract.Do they have a basis?

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Under the Fair Credit Reporting Act,consumers have which of the following rights?

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Garnishment is an example of judgment execution.

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There are no limitations on credit-agency disclosures,if the debtor is applying for a loan of more than $50,000.

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A liability limitation clause is the same as an exculpatory clause.

(True/False)
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