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42. Estimable Builders, Inc., contracts with Beach Investment Company to build a Cool Juice ‘n Fruit stand near Divers’ Beach. The work is to begin on April 1 and be done by June 1, so that the stand can open for the summer. Estimable does not finish until June 14. The stand opens but Beach Investment loses two weeks’ early summer sales due to the delay. Is Beach Investment’s duty to pay for the construction of the stand discharged? (Points : 6) 43. Inventory Control Corporation (ICC) hires Jim, a minor, to create customized software for ICC’s clients. Jim signs a contract that requires him to work for ICC for eighteen months. Before beginning work, Jim tells ICC that he will not work for ICC but is going to work for Kwik Kounts, Inc., an ICC competitor. Is ICC’s contract with Jim enforceable? Why or why not? (Points : 6)

1. Tom’s Timber Outlet and Olivia, a consumer, enter into a contract for a sale of plywood. If the contract includes a clause that is perceived as grossly unfair to Olivia, its enforcement may be challenged under (Points : 1)

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