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MMLU / A collector regularly bought and sold coins. One day, she saw an advertisement…
Problem
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question
A collector regularly bought and sold coins. One day, she saw an advertisement in a coin collectors' magazine advertising for sale a rare coin from 1898 for 10,000. The contract stipulated that delivery would be "F. O. B. at the collector's establishment," with payment to be made one week after delivery. The seller stated that the coin would be shipped out at the end of the week. When the collector received the coin, she noticed that the coin had a large scratch across the face. Nonetheless, the collector accepted delivery. Two weeks later, the collector sold the coin to another collector for $12,000. The collector has refused to pay anything to the seller. The seller brought a breach of contract action against the collector, who, in turn, has filed a counterclaim against the seller. Who is most likely to prevail, and in what amount?
Plain-text mathematical notation (without MathML)
A collector regularly bought and sold coins. One day, she saw an advertisement in a coin collectors' magazine advertising for sale a rare coin from 1898 for 10,000.Sheimmediatelycontactedthesellerandaskedaboutthequalityofthecoin.Thesellerassuredherthatthecoinwasinmintcondition.Thecollectorthenagreedtopurchasethecoinfor10,000. The contract stipulated that delivery would be "F. O. B. at the collector's establishment," with payment to be made one week after delivery. The seller stated that the coin would be shipped out at the end of the week. When the collector received the coin, she noticed that the coin had a large scratch across the face. Nonetheless, the collector accepted delivery. Two weeks later, the collector sold the coin to another collector for $12,000. The collector has refused to pay anything to the seller. The seller brought a breach of contract action against the collector, who, in turn, has filed a counterclaim against the seller. Who is most likely to prevail, and in what amount?
Original LaTeX notation
A collector regularly bought and sold coins. One day, she saw an advertisement in a coin collectors' magazine advertising for sale a rare coin from 1898 for $10,000. She immediately contacted the seller and asked about the quality of the coin. The seller assured her that the coin was in mint condition. The collector then agreed to purchase the coin for $10,000. The contract stipulated that delivery would be "F. O. B. at the collector's establishment," with payment to be made one week after delivery. The seller stated that the coin would be shipped out at the end of the week. When the collector received the coin, she noticed that the coin had a large scratch across the face. Nonetheless, the collector accepted delivery. Two weeks later, the collector sold the coin to another collector for $12,000. The collector has refused to pay anything to the seller. The seller brought a breach of contract action against the collector, who, in turn, has filed a counterclaim against the seller. Who is most likely to prevail, and in what amount?
choices
- The collector is entitled to nominal damages, because the coin was received in a damaged condition.
- Neither party should prevail, because the risk of loss was on the seller, but the collector did not incur any loss, since she sold the coin for a profit.
- The seller is entitled to $10,000, because the collector accepted delivery of the coin.
- The seller is entitled to $12,000, because the collector's resale constituted a conversion.
subject
professional_law
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