Question 1

Which of the following is an example a statement made by a salesperson that would be considered "puffing"?

Accepted Answer

A)  This car will get 35 miles per gallon. 
B)  This is a genuine diamond ring. 
C)  This is an original work of art. 
D)  This copier is the best in the business. 
A)  This car will get 35 miles per gallon. 
B)  This is a genuine diamond ring. 
C)  This is an original work of art. 
D)  This copier is the best in the business. D

Question 2

Which of the following will not create an express warranty under the UCC?

Accepted Answer

A)  Making a statement or promise relating to the goods. 
B)  Expressing an opinion about the quality of the goods. 
C)  Providing a description of the goods. 
D)  Stating any fact regarding the quality of the goods. 
A)  Making a statement or promise relating to the goods. 
B)  Expressing an opinion about the quality of the goods. 
C)  Providing a description of the goods. 
D)  Stating any fact regarding the quality of the goods. B

Question 3

A(n)________ contract occurs when one party is induced to enter a contract on a "take it or leave it" basis.

Accepted Answer

A)  adhesion 
B)  merchants 
C)  output 
D)  requirement 
A)  adhesion 
B)  merchants 
C)  output 
D)  requirement A

Question 4

A contract is ________ when one party is induced to enter a contract without having any meaningful choice.

Accepted Answer

A)  substantively unconscionable 
B)  procedurally unconscionable 
C)  procedurally impracticable 
D)  substantively impracticable 
A)  substantively unconscionable 
B)  procedurally unconscionable 
C)  procedurally impracticable 
D)  substantively impracticable

Question 5

What must be established in order for goods to be considered merchantable under the UCC?

Accepted Answer

To be merchantable under the UCC,goods m

Question 6

Which of the following is governed by Article 2 of the UCC?

Accepted Answer

A)  A contract for sale of a commercial building. 
B)  A contract for sale of office supplies. 
C)  An employment contract. 
D)  A life insurance contract. 
A)  A contract for sale of a commercial building. 
B)  A contract for sale of office supplies. 
C)  An employment contract. 
D)  A life insurance contract.

Question 7

Which of the following is true regarding the Uniform Electronic Transactions Act in relation to the E-Sign Act?

Accepted Answer

A)  Because the Uniform Electronic Transactions Act is a federal law, whereas the E-Sign Act is a creature of state law, the Uniform Electronic Transactions Act preempts the E-Sign Act in many ways. 
B)  The Uniform Electronic Transactions Act and also the E-Sign Act exclude wills from their coverage. 
C)  Both the Uniform Electronic Transactions Act and the E-Sign Act include within their broad scope provisions that divorces may be entered into and recorded electronically. 
D)  The Uniform Electronic Transactions Act allows electronic signatures whereas the E-Sign Act disallows such signatures. 
A)  Because the Uniform Electronic Transactions Act is a federal law, whereas the E-Sign Act is a creature of state law, the Uniform Electronic Transactions Act preempts the E-Sign Act in many ways. 
B)  The Uniform Electronic Transactions Act and also the E-Sign Act exclude wills from their coverage. 
C)  Both the Uniform Electronic Transactions Act and the E-Sign Act include within their broad scope provisions that divorces may be entered into and recorded electronically. 
D)  The Uniform Electronic Transactions Act allows electronic signatures whereas the E-Sign Act disallows such signatures.

Question 8

________ do not relieve a contracting party from their responsibilities under the UCC doctrine of commercial impracticability.

Accepted Answer

A)  Wars 
B)  Market fluctuations 
C)  Embargoes 
D)  Market fluctuations and embargoes 
A)  Wars 
B)  Market fluctuations 
C)  Embargoes 
D)  Market fluctuations and embargoes

Question 9

Which of the following is not a type of warranty under the UCC?

Accepted Answer

A)  Express 
B)  Fitness for a particular purpose 
C)  Merchantability 
D)  Specific performance 
A)  Express 
B)  Fitness for a particular purpose 
C)  Merchantability 
D)  Specific performance

Question 10

Under the UCC,the buyer may reject any or all of the goods if the goods fail to conform to the contract.

Accepted Answer

A) True 
 B)False

Question 11

A contract for the sale of land is governed by Article 2 of the UCC.

Accepted Answer

A) True 
 B)False

Question 12

The implied warranty of fitness for a particular purpose may apply to merchants and nonmerchants alike.

Accepted Answer

A) True 
 B)False

Question 13

To which of the following does the term "battle of the forms" refer?

Accepted Answer

A)  The situation in which one of the parties wishes to use a preprinted form, but the other party wishes to engage in direct negotiation. 
B)  The situation in which the parties entered into a formal contract, but the contract has been misplaced by both parties resulting in uncertainty regarding the exact terms of the original contract. 
C)  The situation in which parties have neglected to bargain over items and then exchange standard printed forms resulting in confusion regarding the terms of the contract. 
D)  The situation in which a party wishes to claim unconscionability based upon another party's use of a preprinted form. 
A)  The situation in which one of the parties wishes to use a preprinted form, but the other party wishes to engage in direct negotiation. 
B)  The situation in which the parties entered into a formal contract, but the contract has been misplaced by both parties resulting in uncertainty regarding the exact terms of the original contract. 
C)  The situation in which parties have neglected to bargain over items and then exchange standard printed forms resulting in confusion regarding the terms of the contract. 
D)  The situation in which a party wishes to claim unconscionability based upon another party's use of a preprinted form.

Question 14

Under the UCC doctrine of commercial impracticability as applied by the UCC,a failure to perform is a breach even if performance is made impractical by an event unforeseen by the contract.

Accepted Answer

A) True 
 B)False

Question 15

Most states have adopted the Uniform Electronic Transactions Act.

Accepted Answer

A) True 
 B)False

Question 16

Renee owns a small restaurant that sells hamburgers as one of its main attractions. She puts up a sign that says "Best Burgers in the County". Peter does an exhaustive investigation of all restaurants in the county and asks his friends to do the same. They all determine that actually a restaurant run by their friend Sam has the best burgers in the county. Peter tells Renee that unless she takes down her sign,he is going to sue her for breach of warranty and false advertising. Renee tells him that he has no cause of action. Who is correct?

Accepted Answer

A)  Peter is correct so long as he and his friends can convince the jurors in a lawsuit that Sam has the best burgers. 
B)  Peter is correct only if he can establish that Renee was aware that Sam's burgers actually taste better before she put up the sign. 
C)  Peter is incorrect because Renee was engaged in "spoofing". 
D)  Peter is incorrect because Renee was engaged in "puffing". 
A)  Peter is correct so long as he and his friends can convince the jurors in a lawsuit that Sam has the best burgers. 
B)  Peter is correct only if he can establish that Renee was aware that Sam's burgers actually taste better before she put up the sign. 
C)  Peter is incorrect because Renee was engaged in "spoofing". 
D)  Peter is incorrect because Renee was engaged in "puffing".

Question 17

Which of the following is an online agreement that appears on a website but does not require the user to take any action to express his or her consent to the agreement?

Accepted Answer

A)  Click-wrap license 
B)  Browse-wrap agreement 
C)  Shrink-wrap license 
D)  Computer-license agreement 
A)  Click-wrap license 
B)  Browse-wrap agreement 
C)  Shrink-wrap license 
D)  Computer-license agreement

Question 18

Many states have applied Article 2 of the UCC to software licenses either directly or by analogy.

Accepted Answer

A) True 
 B)False

Question 19

The UCC permits a contract to be enforced if the parties intended a binding contract,even though important terms may have been left open for later agreement.

Accepted Answer

A) True 
 B)False

Question 20

A proposal by a sales representative that is subject to approval by the home office is not an offer.

Accepted Answer

A) True 
 B)False

Exam 8: sales,licensing,and e-commerce

Which of the following is an example a statement made by a salesperson that would be considered "puffing"?

Which of the following will not create an express warranty under the UCC?

A(n)________ contract occurs when one party is induced to enter a contract on a "take it or leave it" basis.

A contract is ________ when one party is induced to enter a contract without having any meaningful choice.

What must be established in order for goods to be considered merchantable under the UCC?

Which of the following is governed by Article 2 of the UCC?

Which of the following is true regarding the Uniform Electronic Transactions Act in relation to the E-Sign Act?

________ do not relieve a contracting party from their responsibilities under the UCC doctrine of commercial impracticability.

Which of the following is not a type of warranty under the UCC?

Under the UCC,the buyer may reject any or all of the goods if the goods fail to conform to the contract.

A contract for the sale of land is governed by Article 2 of the UCC.

The implied warranty of fitness for a particular purpose may apply to merchants and nonmerchants alike.

To which of the following does the term "battle of the forms" refer?

Under the UCC doctrine of commercial impracticability as applied by the UCC,a failure to perform is a breach even if performance is made impractical by an event unforeseen by the contract.

Most states have adopted the Uniform Electronic Transactions Act.

Which of the following is an online agreement that appears on a website but does not require the user to take any action to express his or her consent to the agreement?

Many states have applied Article 2 of the UCC to software licenses either directly or by analogy.

The UCC permits a contract to be enforced if the parties intended a binding contract,even though important terms may have been left open for later agreement.

A proposal by a sales representative that is subject to approval by the home office is not an offer.

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