Oranges Computers and Big Ten University contracted in writing for Oranges to provide Big Iron, a mainframe computer using a new technology that was then under development but not perfected, at a price substantially lower than that of a similar mainframe using current technology.  The contract’s delivery term was F.O.B. Big Ten University, on or before June 30. Oranges tendered Big Iron to Big Ten University on July 15, and Big Ten University rejected it because of the delay.  If Oranges sues Big Ten University for breach of contract, which of the following facts, if proved, will best support a recovery by Oranges?

Pauline, a wine distributor, entered into oral negotiations with Henry’s Organic Wines. Pauline wished to secure an exclusive distributorship for Henry’s Organic Wines in the Pacific Northwest. At the end of the first stage of oral negotiations, the parties had come to an agreement on the major points, and only a few minor points of disagreement remained. Both, however, were anxious to begin distribution of the wine in the Pacific Northwest, and Henry’s Organic Wines assured Pauline, “Don’t worry about it; we’ll work these things out.” Assuming from this that she would be the Pacific Northwest distributor for the wine, Pauline leased larger facilities, bought a number of trucks, and hired new workers. Shortly thereafter, Henry’s Organic Wines informed Pauline that another distributor, and not Pauline, would receive the Pacific Northwest distributorship.If Pauline prevails in a suit against Henry’s Organic Wines, it will most likely be because the court applies which of the following theories?

Tim, an owner of land who was also a home contractor, agreed in writing with Justine to build a house to Justine’s specifications on his (Tim’s) land and then sell the house and lot to Justine. The contract provided that the house was to be completed by March 1, with full payment due at that time. On March 1, the house was nearly complete, but due to delays in the delivery of materials, Tim would need 20 more days to finish construction. On March 5, after discovering that the house had not yet been completed, Justine notified Tim in writing of her election to cancel the contract because of Tim’s failure to deliver the house by March 1. Tim responded that, due to an unanticipated strike at his supplier’s company, performance had been unforeseeably delayed and that the house would be ready by March 20. Justine responded that she would no longer accept delivery of the house and land. Tim then brought an action to recover damages for breach of contract.Who will prevail?

Thomas Pharma contracted in writing with Sam, a shareholder, to purchase all of Sam’s stock at a specified price per share. The contract stated that Thomas Pharma’s commitment to buy was conditioned on its obtaining written approval of the contract from its parent company.Sam later changed her mind about the sale and refused to honor the contract on the ground that Thomas Pharma had neglected to obtain written approval by the parent company.The parent company’s chief executive officer, however, is prepared to testify that the parent company orally approved of the contract the day it was formed and would now provide written approval if requested to do so.If Thomas Pharma sues Sam for breach of contract, is Thomas Pharma likely to prevail?

Carmen purchased the front portion of a land parcel needed for a restaurant he desired to build, but the back portion was subject to a will dispute between two sisters, Sydney and Sloane. Sydney’s attorney advised her that her claim was doubtful. Carmen, knowing only that the unresolved dispute existed, agreed in a signed writing to pay Sydney $6,000, payable $1,000 annually, in exchange for a quitclaim deed (a deed containing no warranties). Sydney promptly executed such a deed to Carmen and received Carmen’s first annual payment. Shortly thereafter, the probate court handed down a decision in Sloane’s favor, ruling that Sydney had no interest in the land. Carmen subsequently failed to pay the second annual installment when it came due.  In an action against the chef for breach of contract, Sydney will probably:

Monty Miller was land-rich by inheritance but money-poor, having suffered severe losses on bad investments, but still owned several thousand acres of unencumbered timberland. He had a large family, and his normal, fixed personal expenses were high. Pressed for cash, he advertised a proposed sale of standing timber on a 2,000-acre tract. The only response was an offer by Tommy Norris, the owner of a large, integrated construction enterprise, after inspection of the advertised tract. Tommy Norris offered to buy, sever, and remove the standing timber from the advertised tract at a cash price 70% lower than the regionally prevailing price for comparable timber rights. Monty Miller, by then in desperate financial straits and knowing little about timber values, signed and delivered to Tommy Norris a letter accepting the offer.  If, before Tommy Norris commences performance, Monty Miller’s investment fortunes suddenly improve and he wishes to get out of the timber deal with Tommy Norris, which of the following legal concepts affords his best prospect of effective cancellation?

During the middle of winter, Sam decided to sell his residential property which included a large lake. Sam knew nothing of fishing and had never spent time recreating at the lake. Basil was an avid fisherman who knew of the lake and made a full-price offer to Sam because, as he related to Sam, he wanted to have a place where he could live and fish every day of his (Basil’s) retirement. Basil inspected the lake but it was iced over and Basil could not determine if it was stocked with fish. Sam professed ignorance about the presence of any fish and told Basil that he had no interest in the lake and considered it a liability since he had to chase trespassers away from the lake on a regular basis. After the transaction closed, the ice eventually thawed and Basil discovered that the lake was absolutely barren of fish and due to the lack of plant life in and around the lake, a fish population could not be sustained. Basil sought to rescind the sale.  On what ground is Basil most likely to prevail?

Which topics should be included in portable orders for life-sustaining treatment (POLST)? Select all that apply. 

Which of the following symbols depicts an intermediate event?

Consider an association between a Deliveries class and a Shipping Companies class in a Unified Modeling Language (UML) Class diagram. The multiplicities next to the Deliveries class are 0..* and the multiplicities next to the Shipping Companies class are 1..1. Which of the following is the best way to implement that association in your database?