Exam 10: Sales

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________ is a remedy that allows a seller to ascertain requirements himself when the buyer fails to supply them as required by the contract or within a reasonable time after the seller requests them.

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A

The price reduction remedy can be claimed by a buyer only if the buyer has accepted nonconforming goods.

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How does the risk of loss pass when goods are delivered without being transported?

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When goods are not shipped to the buyer, the risk of loss passes when the goods are handed over by the seller or otherwise put at the buyer's disposal. The goods are not considered to be put at the buyer's disposal, however, until they are clearly identified to the contract.

List out the remedies that are unique to a buyer.

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If a seller cures defects in his nonconforming goods, the buyer loses his or her right to claim any damages under the CISG.

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Article 8 of the CISG establishes rules for interpreting the statements and conduct of the parties.

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The CISG differs from the United States Uniform Commercial Code (UCC) in that the CISG ________.

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Which of the following is true under the CISG if the offeree dispatches a rejection and an acceptance to the offeror?

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Which of the following terms refers to a court order directing a party to carry out the obligations he had contractually promised to do?

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Which of the following features of a contract is excluded from the CISG?

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Offers that do not state that they are irrevocable can be revoked any time before the offeree dispatches an acceptance.

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Which of the following is a remedy available to both buyers and sellers?

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The ________ is a contractual provision that identifies the law to be applied in the event of a dispute over the terms or the performance of the contract.

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Briefly explain how the CISG is organized.

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Sales transactions involving electricity are excluded from the CISG.

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What is the buyer's obligation for payment?

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Goods do not conform to a contract if they are subject to third-party claims.

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A(n) ________ is a proposal addressed to specific persons indicating an intention by the person making the proposal to be bound to the sale or purchase of particular goods for a price.

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Which of the following describes the term "passage of risk"?

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According to the foreseeability test, a breaching party is liable only for those damages that he foresaw or ought to have foreseen.

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