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grigory [225]
3 years ago
12

A manufacturer of disposable foam products entered into a written contract with a take-out restaurant to sell them 5,000 disposa

ble foam food containers per month at 5 cents per food container for a two-year period. Per the contract, payment of $250 was due once a month. The restaurant was also responsible for paying shipping charges, which were payable on a quarterly basis. Finally, the contract stated that if any of the containers were discovered to be damaged, they could be returned for a full refund. However, the contract was silent with regard to the return of any containers that were not damaged. In the last month of its contract with the manufacturer, the restaurant decided to switch to biodegradable, recycled cardboard food containers because its take-out customers complained about the harmful effects of disposable foam products on the environment. The restaurant asked the manufacturer not to ship the final shipment, but the manufacturer refused. The restaurant had not yet made the $250 payment for the final shipment of containers, but it did owe the manufacturer delivery charges for its final quarter. The restaurant returned all of the containers to the manufacturer. In addition, the restaurant sent an envelope with cash for the final shipping charges. In the envelope, the restaurant included a brief memo stating that the cash included was for payment in full, including all food containers and shipping charges. The manufacturer's accounting department received the envelope, read the memo, and deposited the cash. The manufacturer then sued the restaurant for the final payment of $250. Which of the following legal concepts would be the strongest argument against payment of $250?
A. Novation
B. Good-faith modification
C. Estoppel
D. Accord and satisfaction
Business
1 answer:
saveliy_v [14]3 years ago
3 0

Answer:

Option B

Explanation:

Since the contract did not mentioned any thing about the retuning of containers that were not defective, it becomes the obligation of the buyer to pay the final delivery amount on the basis of Good-faith modification.

Hence, option B is correct

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Answer: Alternative 3 will be selected.

Explanation:

The system that should be selected is the alternative that is better than the other alternatives by being higher than MARR if selected.

First compare A1 to A0

The rate of return here is 18% which is higher than the MARR of 15% so Alternative 1 should be chosen over A0 which is to do nothing.

Compare A1 to A2

If A2 is chosen over A1, the incremental return is 10% which is less than the MARR of 15% so A2 should not be chosen over A1. A1 should instead be chosen over A2.

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Alternative 3 should be chosen over A1 which should be chosen over A2 and A0.

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7 0
3 years ago
You want to buy a house that costs $140,000. You have $14,000 for a down payment, but your credit is such that mortgage companie
rodikova [14]

Answer:

Kindly check explanation

Explanation:

Given the following :

Cost of house = $140,000

Down payment = $14000

Take back mortgage = 126000 = PV

Rate (r) = 5%

Yearly payment one can afford = 22000

a. If the loan was amortized over 3 years, how large would each annual payment be? Could you afford those payments?

Number of period = 3

Using the relation:

PMT = r(PV) / 1 - (1 + r)^-n

PMT = 0.05(126000) / 1 - 1.05^-3

PMT = 6300 / (1-0.8638375)

PMT = 46,268.23

He won't be able to afford it, as the monthly payment is larger than the affordable amount of $22000

b. If the loan was amortized over 30 years, what would each payment be? Could you afford those payments?

PMT = r(PV) / 1 - (1 + r)^-n

PMT = 0.05(126000) / 1 - 1.05^-30

PMT = 6300 / (1-0.2313774)

PMT = 8196.48

He would be able to afford it, as the monthly payment is lower than the affordable amount of $22000

c. To satisfy the seller, the 30-year mortgage loan would be written as a balloon note, which means that at the end of the third year, you would have to make the regular payment plus the remaining balance on the loan. What would the loan balance be at the end of Year 3, and what would the balloon payment be?

Present value of remaining balance after the 3rd year:

Present Value (PV) = PMT[(1 - (1 + r)^-n) / r]

Where

PMT = periodic payment = 8196.48

r = Interest rate = 5% = 0.05

n = number of periods = 30 - 3 = 27

PV = 8196.48[(1 - (1 + 0.05)^-27) / 0.05]

PV = 8196.48[(1 - (1. 05)^-27) / 0.05]

PV = 8196.48[0.7321516 / 0.05]

PV = 120,021.32

Balloon payment :

120,021.32 + 8196.48 = 128,217.80

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