Exam 23: Performance and Remedies

If Chuck buys frozen cheese from Cheese,Inc.,then fails to inspect the cheese within a reasonable amount of time and does not reject the shipment,Chuck has accepted the shipment even if there is non-conformity.

"Course of dealing" refers to prior commercial transactions between the same parties.

In some industries it is a routine practice to draft contracts permitting imperfection in the seller's goods,thereby limiting the effect of the perfect tender rule by the parties' agreement.

Leonna orders five table settings of china from Elite China.Each set includes a dinner plate,cup & saucer,bowl,and dessert plate.The china is sold only in sets.When the delivery arrives,Leonna discovers that Elite China sent the wrong pattern.Leonna immediately calls Elite China and is instructed to send the shipment back.While repacking the shipment,Leonna changes her mind and decides to keep the cups and saucers.She returns everything else.Can she do this?

The UCC "perfect tender" provision states that

Under the doctrine of commercial impracticability,which situation would NOTexcuse the seller's performance?

Neon orders one thousand 25-foot nylon ropes from Hang'em High Co.Upon inspection of the delivery,Neon learns that Hang'em sent five hundred 25-foot ropes and five hundred 20-foot ropes.Neon may

Assume that Sherrie's Cherries contracts with Dessert World to sell and ship 600 pounds of cherries in three equal installments of 200 pounds each.If the first installment arrives with 5 pounds of spoilage,then Dessert World may

If a seller cures within a reasonable amount of time,the contract

When a party to a contract notifies the other party that it will not perform the contract as agreed,this conduct is referred to as

A buyer who accepts nonconforming goods may revoke the acceptance under limited circumstances.

A baseball team ordered 500 wooden baseball bats from Bats,Inc.,for delivery on June 1.On May 15,the ball team received 500 aluminum bats instead of the wooden ones.As of May 16,Bats,Inc.

A buyer who is unable to obtain cover

The UCC's requirement that contracting parties perform and enforce their deals honestly is termed

A buyer who properly rejects goods

A buyer who accepts goods but notifies the seller the goods are non-conforming

A homeowner has a contract with a firewood supplier to bring a stack of hardwood at the beginning of each month from October through March.If the supplier has brought a mixture of hard and soft woods for the first three deliveries and the homeowner accepted the deliveries,the homeowner cannot reject a delivery in January just because it includes some soft wood.

The term tender means to physically deliver the goods to the buyer.

Which of the following statements is NOT TRUE regarding the buyer's right to cover?

Buyer Bob breaches his contract for the sale of goods with Seller Suzie.Suzie still has possession of the goods at the time of the breach.Suzie can refuse to deliver the goods and