Developer contracts to sell land to Buyer. The contract requires Buyer to pay $200,000 of the price directly to Bank to reduce Developer's existing loan balance. Buyer refuses to pay Bank. Which statement is most accurat...
Citations: Cal. Civ. Code sec. 1559
A state prison contracts with a private medical company to provide all constitutionally required medical care to inmates inside the prison. An inmate sues the company for denying care during that contract work. What is t...
Citations: https://supreme.justia.com/cases/federal/us/487/42/
Artist contracts to paint a mural for Client for $20,000. Artist later transfers to Bank "my right to receive the $20,000 payment from Client." Artist does not transfer the duty to paint. How should the transfer be class...
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1458.
Buyer contracts to buy a rare component from Seller on credit because Seller evaluated Buyer's financial condition and agreed to specific credit risk. Buyer assigns its right to receive the component to a new company who...
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=COM§ionNum=2210.
Buyer contracts to buy the 2026 almond crop from Seller's orchard. The contract does not transfer the orchard land, and harvesting the crop will not materially harm the trees or land. Which statement is most accurate? Th...
Citations: Cal. Com. Code sec. 2107
City contracts with a landscaping company to maintain public parks. Park User is injured after the company misses a mowing schedule and sues the company for breach of City's contract, claiming all park users benefit from...
Citations: Cal. Civ. Code sec. 1559, Goonewardene v. ADP, LLC
Cleaner contracts to clean Owner's office every night. Cleaner asks Helper to perform the nightly cleaning for the rest of the contract term, while Cleaner keeps the right to receive payment from Owner. How should Cleane...
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=COM§ionNum=2210.
County contracts with private agencies to place foster children. County policy requires agencies to certify all qualified foster parents, but the policy allows the commissioner to grant exceptions for "good cause." The c...
Citations: U.S. Const. amend. I, Fulton v. City of Philadelphia
...5 percent surcharge only on revenue that private companies earn from contracts with federal agencies. The same revenue from state and private contracts is not subject to the surcharge. What is the best federalism analys...
Citations: https://constitution.congress.gov/browse/essay/artI-S8-C1-1-5/ALDE_00013391/
Delegator contracts to repair Owner's roof, then delegates the work to Delegate. Owner allows Delegate to work but never agrees to release Delegator. Delegate abandons the job. What is Delegator's liability? This questio...
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=COM§ionNum=2210.
...g a defense emergency, Congress enacts a statute authorizing priority contracts, price controls, and rationing for steel, but rejects a proposed seizure provision. The President then orders private steel mills seized to...
Citations: https://supreme.justia.com/cases/federal/us/343/579/
Hospital contracts with Laboratory to process blood tests. The contract describes scheduling, billing, and quality metrics between Hospital and Laboratory but states that Hospital controls enforcement. Patient's test res...
Citations: Cal. Civ. Code sec. 1559, Goonewardene v. ADP, LLC
Owner contracts with Contractor to repair a walkway in front of Owner's store. Neighbor's sales may improve if the walkway is repaired, but the contract does not mention Neighbor or store traffic and gives Owner control...
Citations: Cal. Civ. Code sec. 1559, Goonewardene v. ADP, LLC
Seller contracts to sell Buyer a particular machine, marks the machine with Buyer's order number, and sets it aside in Seller's warehouse for shipment next week. Title is not scheduled to pass until shipment. Which state...
Citations: Cal. Com. Code sec. 2501
Seller contracts to sell Buyer a specifically identified antique press stored in Seller's warehouse. Before risk passes and without fault by either party, a fire destroys the press. In a different sale, the identified go...
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=COM§ionNum=2613.
Seller contracts to ship conforming parts to Buyer. The contract authorizes shipment by common carrier but does not require delivery at a particular destination. Seller properly delivers the parts to the carrier. A no-fa...
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=COM§ionNum=2509.
...s defenses against a third-party beneficiary. Restatement (Second) of Contracts sec. 309
Citations: Restatement (Second) of Contracts sec. 309
...Code sec. 1559, R.J. Cardinal Co. v. Ritchie, Restatement (Second) of Contracts sec. 311
Citations: Cal. Civ. Code sec. 1559, R.J. Cardinal Co. v. Ritchie, Restatement (Second) of Contracts sec. 311
...iv. Code sec. 1559, Goonewardene v. ADP, LLC, Restatement (Second) of Contracts sec. 311
Citations: Cal. Civ. Code sec. 1559, Goonewardene v. ADP, LLC, Restatement (Second) of Contracts sec. 311
...limiting third-party beneficiary enforcement. Restatement (Second) of Contracts sec. 309
Citations: Restatement (Second) of Contracts sec. 309
...n contractor's breach delayed launch. The company has signed customer contracts for the launch month, reliable cost data, and sales data from two nearly identical pilot locations, but it also claims five years of project...
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3300.
...h interpretive approach is correct? This question tests the rule that contracts are interpreted as a whole. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1641.
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1641.
...resident to buy chips for federal agencies and to prioritize military contracts, but it rejected a proposed amendment that would have allowed seizure of private chip plants. Two months later, the President issued an exec...
Citations: https://supreme.justia.com/cases/federal/us/343/579/, https://supreme.justia.com/cases/federal/us/453/654/
...the local USDA grade and regional market price index in prior almond contracts. Orchard later refused to deliver, arguing that no contract was formed because no exact dollar price appeared in the emails. The same email...
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1550., https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=COM§ionNum=2102., https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=COM§ionNum=2204., https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=COM§ionNum=2305.
USABarPrep Coach