Question

1.) On August 6, 2017 National Football League professional football player T.O. Owens signed a contract to play for the Seattle Seahawks. Right before the first game of the season, T.O. goes to the owner and says that he will not play unless the owner produces a new hip-hop CD that T.O. wants to record titled “First Misunderstood in San Francisco, Then Philly, Then Dallas, Then Buffalo, Then Cincinnati, Then Allen (Texas), Now Seattle and Soon-to-Be Unemployed and Owing Back Child Support.” The owner, being desperate, agrees. When the season ended, T.O. demanded that the owner produce the CD, but the owner refuses. T.O sues. Most likely:

a. T.O wins; this is a valid modification of an earlier contract.

b. Owner wins; contracts can never be modified.

c. T.O. wins; this is a modification under the U.C.C. which needs no new consideration to be

enforceable.

d. T.O. wins; this is a case of a modification due to unforeseen circumstances, and the modification is

enforceable.

e. Owner wins; T.O. was under a prior duty to play football, so T.O.’s new promise is not supported

by consideration.

2.)

Toughones, a car parts manufacturer, entered into a contract to license computer software from Vizera Inc. for $250,000. This software is to be used to keep track of inventory, accounts receivable, and other financial data. After the software was installed, the computer system worked but it had a few glitches. Toughones refused to pay the full amount in the contract. To settle the dispute, the parties agree that $180,000 is to be paid as full and final payment for the software. Toughones paid the $180,000 as agreed. What kind of agreement did Toughones and Vizera reach in the end?

a. Mirror image acceptance.

b. Preexisting duty.

c. Counteroffer.

d. Accord and satisfaction.

Answer 1

Answer 1-The correct option=

e. The owner wins; T.O. was under a prior duty to play football, so T.O.’s new promise is not supported by consideration

Reason= As the new condition was not related to the conditions mentioned in the prior contract and T.O. has to play the games as the demand of T.O. was not related to his ability or any situation that can hamper the performance thus T.O. 's new demand will not be related to the consideration

Answe2 - Accord and satisfaction.

Reason- Accord and satisfaction can be seen as a legal contract in which the parties to the contract have an agreement to discharge the tort claim or any type of liability provided that they have a negotiated sum that is different from the original sum of the contract