The owner of a personal watercraft put an ad for its sale in the paper. Her neighbor saw the ad and told her that he wanted to buy the watercraft but had to arrange for financing. The owner suggested that they write a contract for sale then and there so that they would not have to waste any time while he got his financing. They orally agreed that the contract would not become binding unless the neighbor obtained financing, but the written contract did not mention this and appeared to be a fully integrated document. The neighbor could not obtain financing and the owner brings suit to enforce the written contract. Who will prevail

Answers

Answer 1

Answer: D. The neighbor, because obtaining financing was a condition precedent.

Explanation:

Even though it wasn't listed in the written contract, there was the condition precedent that the contract would not be binding unless funding was obtained. Condition precedent is a condition that must happen for a contract to become enforceable.

Funding was not obtained so the contract cannot be enforced. The neighbor would therefore prevail so long as the owner admits that there was indeed a condition precedent.


Related Questions

The President of a small company owns 100% of the company's stock. The President sells some of the company's stock to four employees and officers of that company without taking a commission. Under the Uniform Securities Act, the President is:

Answers

Answer:

B

Explanation:

it is because selling securities in an exempt transaction , so no registration is required.

A Nasdaq-listed stock currently shows an inside market of 15.50 - 15.75, 10 x 10. A broker-dealer that is not a market maker in the stock simultaneously receives orders from two customers, one to buy 500 shares of the stock at the market, the other to sell 500 shares at the market. Rather than send the orders to a market maker for execution, the broker-dealer matches the two orders with one another at 15.625, and charges each client a commission. This transaction is:

Answers

Answer:

cross trade

Explanation:

In simple words, A cross trade can be understood as a transaction  when purchase and sell requests for the identical instrument are balanced alone without transaction being recorded on the market. Whenever a stockbroker performs matching buy and sell transactions for about the exact securities across several customer accounts plus reports these on an interchange, this is known like a cross transaction.

If the Dow Jones Industrial Average is 3.2% down that means that: Question 10 options: The stocks of all the companies in Dow Jones lost 3.2% of their value. The average value of the 30 blue chip stocks is down by 3.2%. the average of the stocks value of the top 500 companies in the U.S. decreased in value by 3.2% It does not have anything to do with the stock market.

Answers

Answer:

b). The average value of the 30 blue-chip stocks is down by 3.2%.  

Explanation:

'Dow Jones Industrial Average' also known as 'DJIA' is characterized as the standard indicator to denote the stock-market prices of the shares of the major companies associated with blue-chip in the United States.

As per the question, a down or fall in DJIA by 3.2% would indicate that the stock prices of the companies trading with 'blue-chip' have faced a reduction in their share prices by 3.2% for that day. So, this allows the investors to keep a check on the stock prices and invest accordingly whenever they find it profitable. Thus, option b is the correct answer as the other options fail to convey this idea rather they either talk about the loss of value instead of decrease(in options a and c) or disassociates the entire concept with the stock market(in option d).

In the early 1990s, Gatorade dominated the market for sports drinks, a segment in which it had been the original innovator. For decades, Coca-Cola had been a leader in marketing, bottling, and distributing soft drinks. However these drinks did not include a sports drink. Soon after Gatorade appeared, Coca-Cola developed and marketed its own sports drink, Powerade. In this example, Coca-Cola Question 28 options: built new core competencies to protect and extend its current market position. built new core competencies to create and compete in markets of the future. leveraged core competencies to improve current market position. redeployed and recombined core competencies to compete in markets of the future.

Answers

In this example, Coca-Cola built new core competences to protect and extend its current market position.

Coca-cola developed and marketed Powerade by building new core competences in the manufacturing and marketing of sports drinks.

Its purpose for building the new core competences was so that it could protect and extend its current market position as a leader in the marketing, bottling, and distribution of soft drinks.

Thus, Coca-cola did not leverage its core competencies to improve its current market position, nor did it build, redeploy, or recombine core competencies for its future market competition in the soft drinks industry.

Thus, Coca-cola wanted to protect its current market position in the soft drinks industry because of the presence of Gatorade.

Learn more about protecting current market position here: https://brainly.com/question/19061419

The probability the economy will boom is 20 percent, while it is 70 percent for a normal economy, and 10 percent for a recession. Stock A will return 18 percent in a boom, 11 percent in a normal economy, and lose 10 percent in a recession. Stock B will return 9 percent in boom, 7 percent in a normal economy, and 4 percent in a recession. Stock C will return 6 percent in a boom, 9 percent in a normal economy, and 13 percent in a recession. What is the expected return on a portfolio which is invested 20 percent in Stock A, 50 percent in Stock B, and 30 percent in Stock C

Answers

Answer:

The answer is 8.25%

Suppose a consumer only purchases food and clothing, and food is plotted along the horizontal axis of the consumer's indifference map. If the price of clothing increases and the price of food and income do not change, then the budget line changes by rotating: Group of answer choices clockwise about the fixed horizontal axis intercept. clockwise about the fixed vertical axis intercept. counter-clockwise about the fixed vertical axis intercept. counter-clockwise about the fixed horizontal axis intercept. none of these options is correct.

Answers

Answer:

counter-clockwise about the fixed horizontal axis intercept.

Explanation:

An indifference curve is a graph that shows the two combinations of goods for which an individual is indifferent in its consumption.

Points on an indifference curve represents various combination of goods to which an individual is indifferent to

higher indifference curve represents higher level of utility

An indifference map is a graph of various indifference curves

On the indifference map, indifference curves that are higher would be more preferred to those that are lower

Portillo's Fast Food restaurants are changing their hot dog vendor. The company has realized that in order to stay competitive, its hot dogs need to be made larger and shorter so that they can fit in a new smaller-sized hot dog bun. Consequently, Portillo's is looking for a vendor that can provide a product according to its new specifications at a price that is less than what it was paying in the past. At what stage in the business buying process is Portillo's

Answers

Answer: supplier search

Explanation:

Portillo's Fast Food restaurants are in the supplier search stage in the business buying process. The supplier search refers to the stage of the business buying process whereby the buyer or the company seeks the best suppliers or vendors.

The company can compile a list of suppliers and make a research about them to know the one that's most appropriate to carry out the job at hand and will be most effective and efficient. This can be infered from the question as Portillo's is looking for a vendor that can provide a product according to its new specifications at a price that is less than what it was paying in the past.

A normal cost system applies overhead to jobs ________. multiple choice by multiplying a predetermined overhead rate by the estimated amount of the allocation base incurred by the job by multiplying a predetermined overhead rate by the actual amount of the allocation base incurred by the job using the actual amount of overhead caused by each job using the normal amount of overhead caused by each job

Answers

Answer:

A normal cost system applies overhead to jobs ________.

by multiplying a predetermined overhead rate by the actual amount of the allocation base incurred by the job.

Explanation:

To compute the predetermined overhead rate, divide the estimated overhead for the period by the estimated allocation base usage.  When applying overhead to the job, the predetermined overhead rate is used to multiply the actual amount of the allocation base consumed or incurred by the particular job.  The value determined from the above computation is termed the overhead applied cost.  It may be more or less than actual overhead incurred.  This gives rise to overapplied or underapplied overhead.

In at least 150 words, examine the elements that might lead to a worker receiving a higher salary. Be sure to provide details and examples from your lesson. Provide specific detail and in depth discussion of at least two of the element areas requiring higher pay.

Answers

Answer:

As salaries are paid to workers by virtue of the work they perform, a factor that can be decisive for a salary increase is none other than a greater or better performance of the tasks that the worker performs.

On the other hand, wages can also rise if the country's minimum wage is raised, or if there is a situation of inflation that renders workers' wages useless over time.

And also, it may happen that the company that pays the worker's salary is in an exceptional situation that implies a salary improvement as a way of rewarding the performance of its workers.

Many businesses today are abandoning traditional business attire and allowing their employees to come to work in business casual that typically does not include ties, cufflinks, or business suits. There has been a decrease in the sale of silk ties as a result of this cultural trend. A decrease in consumer demand for silk ties has led to a decrease in demand for silk because the demand for silk is ________.

Answers

Answer:

Derived

Explanation:

Today's employers are foregoing traditional business clothing in favour of allowing their staff to dress in business casual, which generally excludes ties, cufflinks. As a consequence of this cultural tendency, there has been a decline in the selling of silk ties. Because the market for silk is driven from consumer spending for silk ties, a reduction in consumer spending for silk has resulted in a decrease in desire for silk.

The journal entry to record an unfavorable direct materials price variance would include a _____. credit to Direct Materials Price Variance debit to Direct Materials Price Variance credit to Materials None of these choices are correct. 2. Jake Shirt Co. used 5,300 square yards of polyester to produce 3,000 shirts. The standard quantity of material for the 3,000 shirts produced is 6,100 square yards. The standard price for direct materials is $4.00 per square yard. The entry to record the direct materials quantity variance would include a debit to Direct Materials Quantity Variance for $3,200. credit to Direct Materials Quantity Variance for $3,200. debit to Direct Materials Quantity Variance for $12,000. credit to Direct Materials Quantity Variance for $12,000. 3. In preparing an income statement for external users, the balances of the variance accounts that are of small amounts are normally transferred to _____ account. Income Summary Work in Process Cost of Goods Sold Finished Goods Inventory

Answers

Which behavior would best describe someone who has good communication skills with customers ? a) Following up with some customers b) Talking to customers more than listening to them c) Repeating back what the customer says d) Interrupting customers frequently

a tv retailer suppose that in order to sell a number of tvs the price per unit must follow the model p=600-0.3n

Answers

answer:
you would have to sell 2,000 tvs the price per unit each 600 to follow the model
step-by-step explanation:
p = 600 - 0.3n
600/0.3
p = 2,000n

Prepare a balance sheet in proper format for the company as of December 31st based on the following accounts. Answer questions 8 through 10 based on this balance sheet.

Answers

Answer:

Total liabilities = $25,000

Explanation:

Missing information;

Accounts Payable  = $5,000

Long-term Notes Receivable  = $10,000

Accounts Receivable  = $15,000

Accrued Expenses  = $3,000

Cash  = $10,000

Short-term Notes Payable  = $7,000

Retained Earnings  = $2,000

Accumulated depreciation  = $2,000

Prepaid Expenses  = $3,000

Capital Stock  = $8,000

Supplies  = $7,000

Find:

Total liabilities

Computation:

Total liabilities = Accounts Payable  + Capital Stock  + Short-term Notes Payable + Accrued Expenses + Retained Earnings

Total liabilities = 5000 + 8000 + 7000 + 3000 + 2000

Total liabilities = $25,000

Within all demographics in the United States, motorists between the ages of 17 and 22 incur the highest percentages of motor vehicle infractions. When an insurance company levies very high insurance rates to customers within the aforementioned age group, what is the best categorization for the type of risk is being taken

Answers

Answer:

speculative risk

Explanation:

the risk is categorized under their age bracket since they tend to be more careless as compared to older motorists engaging in more accidents

Your network contains certain servers that typically fail once every five years. The total cost of one of these servers is $1000. Server technicians are paid $40 per hour, and a typical replacement requires two hours. Ten employees, earning an average of $20 per hour, rely on these servers, and even one of them going down puts the whole group in a wait state until it’s brought back up. Which of the following represents the ARO for a server?
A. $296
B. $1480
C. $1000
D. 0.20

Answers

Answer: D. 0.20

Explanation:

The Annualized Rate of Occurrence (ARO) shows the chances that an event would occur in a year.

Formula:

= Number of times event occurs / Number of years it occurs in

= Number of times server fails / Number of years

= 1 / 5

= 0.20

how to convert ration 13:25 into fraction,decimal and percentage pleas help and with full solving and explanation ​

Answers

Answer:

13/250.5252%

Explanation:

13:25 is just a fraction (13/25)

13:25= 0.52 (decimal)

So when you divide 13 by 25, you get  0.52. To make that into a percentage, you just multiply it by 100 (move the decimal over 2 places to the left). That gives you 52%

Assume that transportation costs are especially high for Widgets in the two-country, two-product Ricardian model, and Country A enjoys a comparative advantage in Widgets, then A) country B must also enjoy a comparative advantage in Widgets. B) country B may end up exporting Widgets. C) country A may switch to having a comparative advantage in the other good. D) country A will still export Widgets. E) trade may be impossible between the two countries.

Answers

Answer:

D

Explanation:

A country has comparative advantage in production if it produces at a lower opportunity cost when compared to other countries. A country would export the good for which it has a comparative advantage and import the good for which it doesn't have a comparative advantage

For example, country A produces 10kg of beans and 5kg of rice. Country B produces 5kg of beans and 10kg of rice.  

for country A,  

opportunity cost of producing beans = 5/10 = 0.5

opportunity cost of producing rice = 10/5 = 2

for country B,  

opportunity cost of producing rice = 5/10 = 0.5

opportunity cost of producing beans = 10/5 = 2

Country A has a comparative advantage in the production of beans and country B has a comparative advantage in the production of rice

Country A would export beans to country B and B would export rice to A

(Choose the most appropriate answer from the choices below) In an assembly line balancing problem, work station cycle time.
I. will decrease as the required production per day increases, other things remaining the same.
II. will increase as the required production per day increases, other things remaining the same.
III. will decrease as the production time per day increases, other things remaining the same.
IV. will increase as the production time per day increases, other things remaining the same.
A. IV
B. II
C. I
D. III
E. I. and IV

Answers

Answer:I need points

Explanation:

Hola

Define Pareto's law. Multiple choice question. It is the ranking of all items of an inventory according to a specific criterion of importance. It is a method of estimating the impact of changing the number of locations on the quantity of inventory held. It is the rule that a small percentage of items account for a large percentage of sales, profit, or importance to a company. It is used to determine the order size for a one-time purchase.

Answers

Answer:

It is the rule that a small percentage of items account for a large percentage of sales, profit, or importance to a company

Explanation:

Pareto's law is a law that describes the points or direction to concentrate the firm's activities and resources on to achieve optimum productivity.

It usually follows the principle that 80% of returns come from 20% of the customers or clients.

Hence, in this case, the correct answer is Pareto's law is defined to be "the rule that a small percentage of items account for a large percentage of sales, profit, or importance to a company."

A payday loan company has decided to open several new locations in the city. To decide where to open these locations it hires consultants and pays them per store opened. At the end of the quarter, the company notices a many of the new stores’ sales volume fail to meet expectations. To incentivize the consultants to instead focus on opening profitable stores, the company should have paid them

A. Per store opened
B. A percentage of the profit earned per new store
C. A fixed salary
D. All of the above

Answers

Answer:

B. a percentage of the profit earned per new store

How is international employment different from foreign employment? Give your argument with examples.​

Answers

Answer:

Foreign employment is working for a company that is based in another country and you usually only work in one country. International employment is working in multiple countries and often your own home country is one of them

As new firms enter a competitive price-searcher market, profits of existing firms Group of answer choices rise and product diversity in the market increases. rise and product diversity in the market decreases. decline and product diversity in the market increases. decline and product diversity in the market decreases.

Answers

Answer:

decline and product diversity in the market increases.

Explanation:

Competitive price searcher markets are those that have little barriers of entry for new firms.

Also the new forms are able to engage in transactions that are profitable. That is they easily take a market share.

In this scenario it will result in greater diversity of products as many firms can now produce goods that will be profitable in the market.

Also it will lead to a decrease in profit of existing firms as the new firm gets some of the market share

Family Fashions Corporation discontinued Kid-Choice, its entire line of children's clothing, in November of 2009. Prior to the disposal, Kid-Choice generated a loss of $600,000 (net of tax) for the period from January through the sale date. Because of the value of the real estate and machinery, there was a gain of $850,000 (net of tax) on the actual sale. How should this situation be reported in the financial statements of Family Fashions for 2009

Answers

Answer: A $250,000 gain should be in the "discontinued operations" section of the income statement.

Explanation:

Since there was a loss of $600,000 for the period from January through the sale date while there was a gain of $850,000 on the actual sales, then the situation should be reported in the financial statements of Family Fashions for 2009 as a gain of ($850,000 - $600,000) = $250,000 should be in the "discontinued operations" section of the income statement.

Discontinued operations refers to the part of the business which has been shut down or divested. They're separated from the continuing operations when reported.

What are the typical fees banks charge?

Answers

Explanation:

- Overdraft Charge. ...

- Returned Deposit Charge. ...

- Hard Copy Statement Fee. ...

- ATM Fees. ...

- Foreign Transaction Charge. ...

- Lost Card Fee. ...

- Inactivity Fee. ...

- Account Closing Fee. Some banks require you to open your account for a certain amount of time before closing it.

Format wars, in the context of high-technology industries, refer to: a. battles to control the source of differentiation, and thus the value that such differentiation can create for the customer. b. the confusion among customers that arises as a result of several choices of formats for PCs and other gadgets. c. the price-based battles in the network of complementary products, which is a primary determinant of the demand for an industry's product. d. conflicts within an organization about which format to adopt for their products. e. price-based battles among companies producing similar products.

Answers

Answer:

Battles to control the source of differentiation, and thus the value that such differentiation can create for the customer

Explanation:

Technical standards

This is simply refered to as a group of distinction or specifications that producers conforms or simply follows when making a particular product, or a component of it.

Format

This is simply known as set of rules through which technology operates. It is stated that all technology have constraints, that is standards and advantage(pro's)/disadvantage(con's).

Format wars

This are fights to have access or control the source of change (differentiation) and the value that such change can bring for the customer

Dominant design

This is simply known as common set of features or design characteristics of a product.

Technology in industries is changing or revolutionizing aspects of the product even in those not usually considered high- tech

Qué aspectos consideras relevantes dentro de una mega tendencia?

Ayuda porfavorr

Answers

Answer:

En la inversión y en los mercados monetario y crediticio, se suele hablar de tendencias del mercado al mencionar situaciones en las que los compradores o vendedores dentro del mismo siguen un mismo patrón de comportamiento en forma simultánea, dando lugar a una conducta de mercado que se repite.

Así, hay dos tendencias principales de mercado: la bajista y la alcista. El mercado bajista es un término que significa que la tendencia en el mercado es negativa, es decir, el índice desciende. No existe una definición estricta del término, pero normalmente una caída del 20 por ciento desde su nivel más alto durante un período de al menos dos meses se cuenta como un mercado bajista.

Por su parte, el mercado alcista es un término que significa que la tendencia del mercado es positiva.

When market conditions in a price-taker market are such that firms cannot cover their production costs, Group of answer choices the firms will suffer long-run economic losses. the firms will suffer short-run economic losses that will be exactly offset by long-run economic profits. some firms will go out of business, causing prices to rise until the remaining firms can cover their production costs. all firms will go out of business, since consumers will not pay prices that enable firms to cover their production costs.

Answers

Answer:

some firms will go out of business, causing prices to rise until the remaining firms can cover their production costs.

Explanation:

A price taker is a firm or a seller who is not able to set the market price for its goods and services. Instead, the price taker accepts the price set by market forces - forces of demand and supply.

An example of a price taking firm is a firm in a perfect competition

If a firm is not able to charge prices above production costs, the firm is earning an economic loss

If in the short run, firms are earning economic loss, in the long run, firms would exit the industry until economic profit falls to zero.

LeBron's Bookstores has two divisions: media and books. The media division had another great year with net sales of $14 million, cost of goods sold of $8 million, operating expenses of $3 million, and income tax expense of $900,000. The book division did not do as well and was sold during the year. The loss from operations and sale of the book division was $400,000 before taxes and $280,000 after taxes. Assuming the sale of the book division is reported as a discontinued operation, at what amount did LeBron's Bookstores report the discontinued operations

Answers

Answer:

$1,820,000

Explanation:

Calculation to determine at what amount did LeBron's Bookstores report the discontinued operations

Using this formula

Discontinued operations=Net sales-Cost of goods sold -operating expenses - Income tax expense -After taxes

Let plug in the formula

Discontinued operations= $ 14 million-$8 million-$3 million-$900,000-$280,000

Discontinued operations=$1,820,000

Therefore what amount did LeBron's Bookstores report the discontinued operations will be $1,820,000

Why do I want to represent my school at homecoming?

Need help answering this question

#homecomingcourt

Answers

Answer: por que quieres la igualdad

Explanation: no entendi mucho la pregunta

All the following statements are true about leadership EXCEPT Question 7 options: a) Leading in a multinational company is an even greater challenge than in a domestic one. b) Excellent leaders motivate their employees to achieve more than minimal organizational requirements. c) Leadership is influencing group members to achieve organizational goals. d) Companies can achieve success with or without good leaders.

Answers

Answer:

C

Explanation:

B

Other Questions
A builder and a wealthy landowner entered into a written contract whereby the builder would build on the grounds of the landowner's estate a mausoleum, using imported Italian granite, to hold the remains of the landowner's recently deceased wife. The cost of the mausoleum was set at $100,000. After the contract was signed but before construction began, the builder learned that an unforeseen embargo prevented him from getting the granite he planned to use to build the mausoleum. He could get the granite from another source, but it would cost an additional $25,000. The builder explained the situation to the landowner, who agreed to pay $125,000 to have the mausoleum built. The builder prepared a writing stating that the price for the mausoleum was now $125,000. Both the builder and the landowner signed the writing. After the work was completed, the landowner gave the builder a certified check for $100,000 and refused to pay one penny more.If the builder brings suit against the landowner to recover the additional $25,000, will the builder likely prevail?A Yes, because the modification was fair and equitable in view of the unanticipated increase in the cost of granite.B Yes, because the later agreement was in writing and signed by the parties.C No, because the builder had a preexisting duty to do the work for $100,000.D No, because the 25% increase in price that the builder was trying to force on the landowner is unconscionable. Three tennis balls that fit in cylindrical tennis ball cane. If each ball is 14 inches in diameter, what is the volume of air left between the balls and the cane Mark dropped an object from a bridge 400 feet above ground level What is garbage in garbage out? I want to understand what is a strome !!!??? What conclusion can be derived by comparing the central tendencies of the two data sets?A: (7, 6, 3, 1, 6, 2, 4, 6, 3, 5;B: {2, 2, 2, 3, 4, 5, 2, 8, 7, 6} Assume you are running a paid campaign and your original budget was $50,000 for the month. It's a 31-day month and you have spent $20,000 so far on days 1 - 11. On day 12, your client changes the monthly budget to $75,000. What should your new daily budget be? I need help with this one, its too hard for me Suppose D were dominant and d were recessive, and you could label the D allele in the P generation with a radioactive substance that could be inherited over several generations. You create hybrids by mating your radioactive DD individuals to dd individuals. Finally, you cross two F1 individuals (with the Dd genotype). In 1,000 offspring, how many would you predict would be radioactive? Of the 20 amino acids utilized in the body, 11 are considered 1)___________ , which means that the body is able to produce enough to meet physiological needs and they therefore, do not need to be obtained from the diet. A conditionally essential amino acid is an amino acid that becomes 2)__________ as a result of certain disorders or illnesses, but is usually 3)_________ under normal healthy circumstances. Which of the following is not the humanenvironment?A familyB building community Explain why it takes much more effort to stop a freight train compared with a car? The regression analysis can be summarized as follows: Multiple Choice No significant relationship exists between the variables. A significant negative relationship exists between the variables. For every unit increase in x, y decreases by 12.8094. A significant positive relationship exists between the variables 40 POINTS! Will Mark Brainliest if correct answer and all work is shown!In this reaction: Mg (s) + I (s) MgI (s)If 2.08 moles of Mg react with 3.56 moles of I, and 1.76 moles of MgI form, what is the percent yield? how many units is 12x+16 Select the most appropriate response to the questionComo est usted? Why are so many people struggling to make ends meet living in LA today? Why don't they just move to a cheaper city? What is the midline equation of the function h(x) = -4 sin (x- pi/4) a recipe for a cake calls for 5 1/10 cups of sugar Anjali accidentally puts in 5 3/4 cups how much extra did she put Ming drew the model to represent the equation 24+12=_x(8+4). What is the missing value in Ming's equation 3 4 12 24