Bar Exam (US) Contracts: Question below is based on the following fact situation. On October 15,...

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Question below is based on the following fact situation.

On October 15, 2008, Turquoise Starr, an aspiring young Hollywood actress, entered into a written contract with Cameron Nikkon, a famous photographer. Their contractual agreement provided that "herein it shall be agreed that Nikkon will supply Starr with twelve glossy prints designed to capture and convey Starr as a gifted dramatic actress with varied talents." Their contract further stipulated that "said twelve prints to be delivered to Starr on or before November 15, 2008; and Starr to pay $750 thirty days thereafter." Another contractual provision recited that "Nikkon guarantees that the prints will be fully satisfactory and delivered on time."

The following day, Nikkon accidentally fell down a flight of stairs, and sustained a broken leg. As a result of his injury, Nikkon was unable to photograph Starr until October 31. At that time, he informed Starr that because of the delay "I am going to need a few more days beyond November 15 to make delivery." Starr responded, "Please, hurry with the pictures because I need to submit my promotional portfolio for the leading role in an upcoming movie.

Nikkon diligently worked to speed production and delivered the prints to Starr's manager, Sapphire Scarlet, on November 18, 2008. After Sapphire looked over the photographs, she told Nikkon, "...I'm sure that Ms. Starr will find these shots to her liking." However, the following day, Nikkon received a telephone call from Starr, who said, "These prints are just awful. I'm sending them back to you and not paying anything. Besides, these prints were two days late."

Suppose that the Starr-Nikkon contract did not contain any express stipulations relating to the order of the respective performances of the parties. In such an event, which of the following statements is most accurate?

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    The performance of Nikkon would have been a constructive condition precedent to the performance by Starr.
  2. B
    Correct Answer
    The performance by Starr would have been an implied condition subsequent to the performance by Nikkon.
  3. C
    Correct Answer
    The performances of Starr and Nikkon would have been constructive concurrent conditions.
  4. D
    Correct Answer
    The contract would have been unenforceable, because it is vague as to an essential term.
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