Multiple Choice 38. In Washington, workers\' compensation is A. not a remedy for

Question

Multiple Choice

38. In Washington, workers' compensation is
A. not a remedy for injured workers.
B. not enforceable except against government employers.
C. the exclusive remedy of a worker against his negligent employer.
D. not enforceable except against non-government employers.
39. Dean, whose family owns and operates a renowned berry farm, agrees to sell Kelvin ten bushels of strawberries, late in the season. A flood destroys the strawberries, through no fault of either party, before they are delivered to Kelvin. This
A. suspends the obligations of both parties until more berries can be grown.
B. discharges the obligations of both parties under the contract.
C. has no effect on the obligations of both parties--Dean must find other berries to satisfy the order.
D. breaches the contract.
40. The specially-manufactured goods exception to the Statute of Frauds in the UCC requires
A. that the goods be specially manufactured for the buyer.
B. that the goods not be suitable for sale to others in the ordinary course of business
C. that both Answer A and Answer B are correct [both Answer 1 and Answer 2 are correct]
D. none of the above.
41. David and Gloria sign an agreement for the sale of a home in Seattle, which contains a clause that provides for Gloria (the buyer) to pay 10% of the purchase price to David (the seller), if Gloria does not go through with the sale. This is an example of
A. an enforceable liquidated damages clause
B. a currently unenforceable liquidated damages clause, which might be corrected by a court through reformation of the percentage of the purchase price to 5%, to become enforceable.
C. a rescissionary clause.
D. a punitive damages clause.

Explanation / Answer

Ans 38) Option C: the exclusive remedy of a worker against his negligent employer.

In Washington, workers' compensation is the exclusive remedy of a worker against his negligent employer. It is not available in case of negligence of fellow employee. Also, it is state funded insurance and not provided by any private insurance provider.

Ans 39) Option C: has no effect on the obligations of both parties--Dean must find other berries to satisfy the order.

Though this case falls in the category of excusable nonperformance discharge as the source of supply is destroyed, suspending obligation of Dean. However, it is not mentioned in the agreement as a clause of possible breach thus now Dean needs to find another source of supply to discharge his duty as a promisor.

Ans 40) Option C

The specially-manufactured goods exception to the Statute of Frauds in the UCC requires that the goods be specially manufactured for the buyer and that the goods not be suitable for sale to others in the ordinary course of business.

Ans 41) Option A: an enforceable liquidated damages clause

It is a standard clause in the agreement, hence enforceable and it covers the damages suffered by the seller by anticipating payment and dishonor of promise committed by buyer. Punitive damages are awarded when court wants to set an example and dissuade people from committing same act. Non-performance of contract is usual and common hence it is a case of enforceable liquidated damages clause.

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