Dream Home. Maurice finds a dream home on the lake. He wants to buy it but is unsure whether he can get a loan. He signs a contract with the seller that he will buy the home if he can get a loan. Maurice also includes a contractual clause in the contract with the seller that if the purchase goes through, but he loses his job within one year, the seller will repurchase the house for the same price Maurice paid for it. After getting a loan and buying the home, Maurice decided that he wanted new windows put into the home. He entered into a contract with a window contractor. The window contractor visited the home, but Maurice was always gone. The contractor made several attempts to reach Maurice, but Maurice would not return phone calls and made no attempt to assist the contractor with installation. The provision that the seller will repurchase the home if Maurice loses his job within one year of the sale is referred to as which of the following?Multiple ChoiceA condition subsequentA condition precedentAn implied conditionAn express conditionBoth a condition precedent and an express condition
Question
Dream Home. Maurice finds a dream home on the lake. He wants to buy it but is unsure whether he can get a loan. He signs a contract with the seller that he will buy the home if he can get a loan. Maurice also includes a contractual clause in the contract with the seller that if the purchase goes through, but he loses his job within one year, the seller will repurchase the house for the same price Maurice paid for it. After getting a loan and buying the home, Maurice decided that he wanted new windows put into the home. He entered into a contract with a window contractor. The window contractor visited the home, but Maurice was always gone. The contractor made several attempts to reach Maurice, but Maurice would not return phone calls and made no attempt to assist the contractor with installation. The provision that the seller will repurchase the home if Maurice loses his job within one year of the sale is referred to as which of the following?Multiple ChoiceA condition subsequentA condition precedentAn implied conditionAn express conditionBoth a condition precedent and an express condition
Solution
The provision that the seller will repurchase the home if Maurice loses his job within one year of the sale is referred to as a condition subsequent. This is because the obligation to repurchase the home is dependent on a future event (Maurice losing his job within one year). If this event occurs, the seller's obligation to repurchase the home is triggered. Therefore, the correct answer is A condition subsequent.
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A melody is heard, played upon a flute. . . .telling of grass and trees and the horizon. . . . Before us is the Salesman's house. We are aware of towering, angular shapes behindit, surrounding it on all sides. Only the blue light of the sky falls upon the house . . .the surrounding area shows an angry glow of orange. As more light appears, we seea solid vault of apartment houses around the small, fragile-seeming home. An air*of the dream clings to the place, a dream rising out of reality. . . . * *Willy Loman, the Salesman, enters . . . The flute plays on. . . . He hears but is not aware of it.. . . * LINDA(hearing Willy outside the bedroom, calls with some trepidation)Willy! WILLYIt’s all right. I came back. LINDAWhy? What happened?(Slight pause.)Did something happen, Willy? WILLYNo, nothing happened. 5 LINDAYou didn’t smash the car, did you? WILLY(with casual irritation)I said nothing happened. Didn’t you hear me? LINDADon’t you feel well? WILLYI’m tired to the death.(The flute has faded away. . . . .)I couldn’t make it. I just couldn’t make it, Linda . . . 10I stopped for a cup of coffee. Maybe it was the coffee. LINDAWhat? WILLY(after a pause)I suddenly couldn’t drive any more. The car kept going off onto the shoulder, y’know? LINDA(helpfully)Oh. Maybe it was the steering again. . . . WILLYNo, it’s me, it’s me. . . . I can’t seem to — keep my mind to it. 15 LINDAMaybe it’s your glasses. You never went for your new glasses. WILLYNo, I see everything. . . .(with wonder)I was driving along, you understand? And I was fine. I was even observing thescenery. You can imagine, me looking at scenery, on the road every week of mylife. But it’s so beautiful up there, Linda, the trees are so thick, and the sun is 20warm. I opened the windshield and just let the warm air bathe over me. And thenall of a sudden I’m goin’ off the road! I’m tellin’ ya, I absolutely forgot I was driving. . . . LINDAWilly, dear. Talk to them again. There’s no reason why you can’t work in New York. WILLYThey don’t need me in New York. I’m the New England man. I’m vital in New England. LINDABut you’re sixty years old. They can’t expect you to keep traveling every week . . . 25Why don’t you go down to the place tomorrow and tell Howard you’ve simply gotto work in New York? You’re too accommodating, dear. WILLYIf old man Wagner was alive I’d a been in charge of New York now! But that boy of his,that Howard, he don’t appreciate. When I went north the first time, the WagnerCompany didn’t know where New England was! 30 LINDAWhy don’t you tell those things to Howard, dear? . . . WILLYFigure it out. Work a lifetime to pay off a house. You finally own it, and there’s nobody tolive in it. LINDAWell, dear, life is a casting off. It’s always that way. WILLYNo, no, some people-- some people accomplish something. Did Biff say anything 35after I went this morning? LINDAYou shouldn’t have criticized him, Willy, especially after he just got off the train.You mustn’t lose your temper with him. WILLYWhen the hell did I lose my temper? I simply asked him if he was making anymoney. Is that a criticism? 40In the beginning, when he was young, I thought, well, a young man, it’s good forhim to tramp around, take a lot of different jobs. But it’s more than ten years nowand he has yet to make thirty-five dollars a week! . . .The trouble is he’s lazy, goddammit! . . . Biff is a lazy bum! . . . LINDAI think he’s still lost, Willy. I think he’s very lost. 45 WILLYBiff Loman is lost. In the greatest country in the world a young man withsuch — personal attractiveness, gets lost. And such a hard worker. There’s onething about Biff — he’s not lazy.Miller, Arthur. Death of a Salesman. Pelister.og, N.D. Web. 20 September 2016.Willy's comments in lines 18-22 ("I was . . . driving") suggest that WillyElimination ToolSelect one answerAneeds a vacation.Bhas never driven that route before.Chas his mind on a tough problem and forgets about driving.Dis falling asleep at the wheel.Efeels trapped by the demands of his job.
A melody is heard, played upon a flute. . . .telling of grass and trees and the horizon. . . . Before us is the Salesman's house. We are aware of towering, angular shapes behindit, surrounding it on all sides. Only the blue light of the sky falls upon the house . . .the surrounding area shows an angry glow of orange. As more light appears, we seea solid vault of apartment houses around the small, fragile-seeming home. An air*of the dream clings to the place, a dream rising out of reality. . . . * *Willy Loman, the Salesman, enters . . . The flute plays on. . . . He hears but is not aware of it.. . . * LINDA(hearing Willy outside the bedroom, calls with some trepidation)Willy! WILLYIt’s all right. I came back. LINDAWhy? What happened?(Slight pause.)Did something happen, Willy? WILLYNo, nothing happened. 5 LINDAYou didn’t smash the car, did you? WILLY(with casual irritation)I said nothing happened. Didn’t you hear me? LINDADon’t you feel well? WILLYI’m tired to the death.(The flute has faded away. . . . .)I couldn’t make it. I just couldn’t make it, Linda . . . 10I stopped for a cup of coffee. Maybe it was the coffee. LINDAWhat? WILLY(after a pause)I suddenly couldn’t drive any more. The car kept going off onto the shoulder, y’know? LINDA(helpfully)Oh. Maybe it was the steering again. . . . WILLYNo, it’s me, it’s me. . . . I can’t seem to — keep my mind to it. 15 LINDAMaybe it’s your glasses. You never went for your new glasses. WILLYNo, I see everything. . . .(with wonder)I was driving along, you understand? And I was fine. I was even observing thescenery. You can imagine, me looking at scenery, on the road every week of mylife. But it’s so beautiful up there, Linda, the trees are so thick, and the sun is 20warm. I opened the windshield and just let the warm air bathe over me. And thenall of a sudden I’m goin’ off the road! I’m tellin’ ya, I absolutely forgot I was driving. . . . LINDAWilly, dear. Talk to them again. There’s no reason why you can’t work in New York. WILLYThey don’t need me in New York. I’m the New England man. I’m vital in New England. LINDABut you’re sixty years old. They can’t expect you to keep traveling every week . . . 25Why don’t you go down to the place tomorrow and tell Howard you’ve simply gotto work in New York? You’re too accommodating, dear. WILLYIf old man Wagner was alive I’d a been in charge of New York now! But that boy of his,that Howard, he don’t appreciate. When I went north the first time, the WagnerCompany didn’t know where New England was! 30 LINDAWhy don’t you tell those things to Howard, dear? . . . WILLYFigure it out. Work a lifetime to pay off a house. You finally own it, and there’s nobody tolive in it. LINDAWell, dear, life is a casting off. It’s always that way. WILLYNo, no, some people-- some people accomplish something. Did Biff say anything 35after I went this morning? LINDAYou shouldn’t have criticized him, Willy, especially after he just got off the train.You mustn’t lose your temper with him. WILLYWhen the hell did I lose my temper? I simply asked him if he was making anymoney. Is that a criticism? 40In the beginning, when he was young, I thought, well, a young man, it’s good forhim to tramp around, take a lot of different jobs. But it’s more than ten years nowand he has yet to make thirty-five dollars a week! . . .The trouble is he’s lazy, goddammit! . . . Biff is a lazy bum! . . . LINDAI think he’s still lost, Willy. I think he’s very lost. 45 WILLYBiff Loman is lost. In the greatest country in the world a young man withsuch — personal attractiveness, gets lost. And such a hard worker. There’s onething about Biff — he’s not lazy.Miller, Arthur. Death of a Salesman. Pelister.og, N.D. Web. 20 September 2016.The initial stage directions suggest all of the following contrasts EXCEPT?Elimination ToolSelect one answerAPastoral vs. urban.BProsperity vs. decline.CIllusion vs. reality.DCreativity vs. practicality.EPeacefulness vs. turbulence.
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