Exam 13: Sales Contracts: Formation,title,and Risk of Loss

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A(n)________ includes any symbol,made with the intent to authenticate a writing.

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Roberta receives a document of title for lumber she purchased.Even though she does not yet possess the lumber,the document transfers to her both title to the lumber and risk of loss for it.

(True/False)
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Big Choppers orally contracts with Jane to make a custom motorcycle for Jane for $30,000.When completed,Jane refuses to accept the motorcycle or pay for it.Discuss the validity of the oral contract.

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In a contract with a merchant for which no delivery is required,risk of loss passes to the buyer when the buyer picks up the goods.

(True/False)
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On Saturday,Hussein purchases a sofa from Big Box Furniture Inc. ,who agrees to deliver the sofa without charge to Hussein at 3 p.m.the following Monday.Hussein forgets about the delivery and is not home at 3 p.m.on Monday when the Big Box delivery truck arrives.The delivery truck takes the sofa back to the Big Box store where it is destroyed in a fire that occurs at 9 p.m.Monday.Discuss the risk of loss in this case.

(Essay)
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Which of the following is true of a firm offer?

(Multiple Choice)
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Mike and Jane contract to purchase and sell $1,000,000 worth of computer chips to be manufactured in Japan and shipped to San Francisco.The contract is silent about the method of delivery.Mike asserts that delivery is by ship,which is customary in the computer chip industry,but Jane insists that delivery is by air,which is what a previous contract between Mike and Jane provided.Explain how a court will resolve this dispute.

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If Company A in New York and Company B in Chicago sign a contract that states "FOB Chicago," it means the parties have agreed to a shipment contract and the title and risk of loss passes to Company B when they are placed in the carrier's possession in New York.So,for example,if the goods are destroyed in transit Company B bears the risk of loss.

(True/False)
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In an auction without reserve,the auctioneer must accept the highest bid.

(True/False)
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Which of the following is considered to be future goods?

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In what respect is a bailment legally different from a sale?

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Fish sold on contract,but not yet caught by a commercial fisherman's coop,are called goods.

(True/False)
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Which of the following is true regarding Convention on Contracts for the International Sale of Goods (CISG)?

(Multiple Choice)
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Downtown Construction Co.obtained possession on April 1 of a bulldozer from Bulldozer Sales Co.to use in Downtown's business with a right to return the bulldozer no later than June 1 with no obligation other than to pay for the fuel the bulldozer used.Downtown is owned by Alice who allows her fifteen-year-old son,Bob,to operate the bulldozer on May 1 on a Downtown job.Bob is inexperienced and wrecks the bulldozer.Explain who has the risk of loss.

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Warren left his watch to be cleaned at a jewelry store.By mistake,a clerk sold the watch to Foley.Foley did not know that the watch rightfully belonged to Warren.Analyze the case.

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Ralph,of Miami,Florida,ordered "100 red widgets" from Maria's business located in Seattle,Washington.Shipment was f.o.b.Seattle via Red Freight Co.By mistake Maria sent "100 green doodads" to Ralph.The shipment was destroyed when the Red Freight truck was involved in a traffic accident in Oklahoma City.Ralph had insurance coverage that includes "items purchased that are in transit." Explain whether Ralph or Maria has the risk of loss.

(Essay)
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