85)Johann, a well-known musician, agrees to give ten guitar lessons to Elton for $2,000. Nothing in the contract itself prohibits a delegation. If Johann delegates his obligation to Eugene, a second-year musical student and enthusiastic guitar player, then the delegation will probably be:
a)permitted because contracts may be freely delegated.
b)permitted because the contract is just for music lessons.
c)prohibited because Johann and Eugene have very different skill levels.
d)prohibited by the UCC.
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80)Barbie has been a children's day care provider for several years in the small town of Sallton. She has decided to give it all up and move to the big city for excitement and adventure. She sells her business to Ken, agreeing not to open a competing business within 25 miles of Sallton for a period of one year. After six months of the big city life, Barbie is broke and moves back to Sallton. She opens a small day care business. Ken sues on the noncompete clause. What is the most likely result?
a)Ken wins. The agreement is enforceable.
b)Barbie wins. The agreement is denying her the right to do the only thing she knows how to do.
c)Barbie wins. The agreement is not enforceable because it is not ancillary to a legitimate bargain.
d)Barbie wins. The agreement is not reasonable as to time.
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73)Collector Carl displays his beer can collection at the local swap meet. Millionaire Mary sees the collection and is interested in buying the collection. Carl says he will sell the collection for $1500. Mary says she really likes the collection but is only willing to pay $1000. Which of the following is correct?
a)Mary's counteroffer terminates Carl's offer of $1500.
b)If Carl rejects Mary's counteroffer, she can still accept Carl's offer of $1500.
c)Neither offer is valid. Who would ever pay $1000, let alone $1500, for a beer can collection?
d)Mary's offer is a firm offer. Carl has an exclusive right to consider her offer for a reasonable period of time.