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Simon Bought a Used Yacht from Marvel's Marina and Boatyard

Question 86

Multiple Choice

Simon bought a used yacht from Marvel's Marina and Boatyard for $70,000 to be paid in instalments over six years.He traded in his smaller yacht for $10,000 at the same time,but Marvel wanted to keep the two transactions separate for financial reasons and he promised to issue a cheque to Simon for the trade-in.Marvel assigned the $70,000 contract to Strait and Naro Finance (S&N) .The first Simon knew of this was when he received copies of both contracts and a notice to pay the payments to S&N.
-Assume there was a valid assignment.Simon still has not received the $10,000 and,when he calls Marvel,he finds the Marina has been sold to someone else and Marvel's whereabouts is unknown.He has a copy of the trade-in contract.


A) Simon can try to find Marvel and get his money from him but he must pay S&N.
B) Simon may deduct $10,000 from what he owes S&N and make payments to the company totalling $60,000.
C) S&N must try to find Marvel and get the $10,000 from him,but if it cannot,Simon must pay S&N.
D) a and c.
E) b and c.

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