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Question 1
Ben and Jerry and Moo Juice enter into a contract under which Moo Juice will send Ben and Jerry ten thousand gallons of 1% milk in the first month and Ben and Jerry will pay $1 per gallon, Moo Juice will send ten thousand gallons of 2% milk in the second month and Ben and Jerry will pay $2 per gallon, Moo Juice will send ten thousand gallons of whole milk in the third month and Ben and Jerry will pay $3 per gallon, Moo Juice will send ten thousand gallons of cream in the fourth month and Ben and Jerry will pay $4 per gallon, and in the fifth month, Moo Juice will send 1% milk again and the cycle will continue for a period of two years. The first three months of the contract go as planned but, at the beginning of the fourth month, Moo Juice ships ten thousand gallons of skim milk to Ben and Jerry instead of cream. Ben and Jerry refuse to accept the shipment and halt payments on the previous shipments as well. If Moo Juice sues Ben and Jerry for the payments for the first three shipments, it will win:
Correct The rule regarding divisible contracts is that a party that performs one or more parts of the contract is entitled to collect the contract price for those parts even if he breaches other parts of the contract. That being the case, Moo Juice is entitled to collect for the first three months of the contract and TRUE is the correct answer.
Incorrect! The rule regarding divisible contracts is that a party that performs one or more parts of the contract is entitled to collect the contract price for those parts even if he breaches other parts of the contract. That being the case, Moo Juice is entitled to collect for the first three months of the contract and TRUE is the correct answer.