Exam 17: The Sales Contract: Performance, Breach, and Remedies for Breach

Any breach by a seller entitles the buyer to cancel the contract and sue for damages.

After the buyer accepts nonconforming goods from a seller without objection having had a reasonable opportunity to inspect them the buyer may no longer ____________________ them.

If a sales contract requires the seller to ship the goods to the buyer, a proper delivery occurs when the seller places the goods in the possession of a(n) ____________________ and notifies the buyer that the goods have been shipped.

In a sales contract, the seller and buyer may provide for ____________________ different from those provided for in the UCC.

If the seller breaches a sales contract, the buyer may

If the buyer of goods breaches the sales contract by refusing to accept conforming goods, a remedy available to the seller under the UCC is:

The seller has the right to cure the defect of any nonconforming goods that the buyer rejects.

The buyer performs a sales contract by accepting and ____________________ for goods according to the terms of the contract.

What are the obligations of the seller and the buyer regarding performance of the sales contract?

How does the perfect tender rule under the UCC change the obligations of the seller and the buyer as their obligations existed under the common law?

If the seller breaches a contract for the sale of goods by not delivering them to the buyer, the buyer may demand that the seller deliver the goods described in the sales agreement if

If a person cannot pay debts when they are due, the person is said to be ____________________.

A buyer can recover goods that are not unique and are wrongfully withheld by the seller through the remedy of

A(n) ____________________ allows a seller to retain possession of goods until they are paid for in full.

What are the implications for the buyer if, before accepting delivery of the goods, she fails to inspect them for defects?

Ronco, a retailer of toys, rejected a shipment of dolls from Jasper, a wholesaler, because they were not the original ones that were ordered. Suppose that the original contract price of each doll was $20.00 and that the price from the other seller Ronco finally purchased the dolls from was $22.00 each. If Ronco had originally ordered 2,500 dolls, what damages would he (Ronco) be entitled to recover from Jasper if he purchased the same number of dolls from the other seller?

If either the seller or buyer refuses to carry out his or her part of a sales agreement, a(n) ____________________ occurs.

The remedy of specific performance will be granted only if

A buyer may sue for breach of warranty only after notifying the seller that the goods are nonconforming.

A seller may reclaim goods delivered to an insolvent buyer if the seller makes a demand within