Reference no: EM132163403
1. Assume that ABC Market contracts with Washington Cake to sell and ship 200 pounds of strawberries in 5 equal installments of 40 pounds each. If the first installment arrives with 3 pounds of spoilage, then Washington Cake may:
a. reject the installment shipment because of the perfect tender rule.
b. not reject the installment if those in the food industry expect a small percentage of spoilage with fresh fruits or vegetables.
c. reject the entire contract.
d. declare a breach and "cover."
2. Zoe enters into an agreement with ABC Company to purchase a 70 inch 4k TV. She doesn’t understand the financing terms and the TV is not a good deal, but Zoe signs the agreement anyway because she needs the TV. The financing terms are very unfavorable to Zoe, and she is unable to make all of her payments when they are due. ABC sues Zoe. The court would:
a. be exercising judicial restraint if it requires Zoe to pay as she promised, even if the agreement was unfair and unwise.
b. have to rewrite the contract to be fair to both parties.
c. have to declare the contract void since it contained terms unfavorable to the weaker party to the transaction.
d. use the theory of promissory estoppel to remedy any unfavorable terms in the contract.