QUESTION5 Wendy owns a bike factory in Texas. In April, 2018 she makes a contrac

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QUESTION5 Wendy owns a bike factory in Texas. In April, 2018 she makes a contract with Acme Tires to buy 100 tires for $2,000, which is the average price for tires at that time. The contract specifies that Wendy must have the tires by April 1, 2018. On March 1, Acme Tires informs Wendy that they will not be able to meet her order. Wendy immediately starts calling around to other tire makers to see if she can get the tires someplace else. She finally finds a place that can fill the order, but at the price of $3,000. Wendy buys the tires and institutes a breach of contract suit against Acme Tires. What type of damages will Wendy ask for and how much will it come out to? O Wendy will ask for punitive damages in the amount of $15,000 because Acme Tires needs to be penalized for breaching its contract with her. O Wendy will ask for punitive damages in the amount of $3,000, because Acme Tires displayed bad faith by waiting so long before informing Wendy of its anticipatory breach OWendy will ask for compensatory damages in the amount of $1,000, because that's the actual loss she sustained. O Wendy vwill not be entitled to any damages as she was able to mitigate her losses by locating a new supply of tires in time to meet her deadline QUESTION6 John and Paul enter into a written contract under which John will sell Paul some of his rare vinyl records for S450. The contract contains a list of each record that will be included in the sale. The contract states that it contains the complete and final agreement reached by John and Paul. When Paul receives the records, he is upset to find out that John did not include a specific Grapeful Bread album. He sues John, stating that even though the written contract does not mention that specific album, they had talked about it extensively during their negotiations and John had said that t would be included in the deal. Paul wants to submit evidence of their negotiations to show that John has breached the contract. What is the likely outcome of the Paul's attempt? O The Statute of Frauds will not apply since this contract is for the sale of goods less than $500 O Because John was dishonest, Paul will be allowed to present evidence of John's dishonesty in court. O Because the written contract represents the complete and final statement of their agreement, Paul will not be allowed to present evidence of prior negotiations under the parol evidence rule. O Paul vill prevail in his claim, but the court will only award him nominal damages.

Explanation / Answer

Although a majority of payers have instituted pay-for-performance programs (Rosenthal et al. 2006), it is too early to tell whether P4P programs, currently based largely on process measures, are improving quality and/or reducing costs. Several articles in the trade press have proclaimed the Rewarding Results and Integrated Healthcare Association programs to be a success, but these conclusions are based primarily on the growing size of performance payments rather than improved outcomes produced by the payments. The nine randomized controlled evaluations of P4P programs that have been published (Adams 2004) were of programs instituted in the 1980s and 1990s and measured provider performance with a single indicator, whereas the second wave of P4P programs tracks multiple indicators (Baker 2004). The effect of this second wave of P4P programs is mixed, and most of the studies suffer from concerns regarding selection into voluntary programs, small sample size, and/or absence of a valid control group.1 In a recent journal issue devoted to evaluating P4P programs, Mark Chassin concluded that “none of the designs employed in these early studies is robust enough to provide convincing evidence that any of the P4P programs was responsible for any of the improvements cited”

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