Question 1

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 2

Under the UCC,a firm offer only applies to:

Accepted Answer

A)  merchants. 
B)  merchants and non-merchants. 
C)  non-merchants. 
D)  option contracts. 
A)  merchants. 
B)  merchants and non-merchants. 
C)  non-merchants. 
D)  option contracts.

Question 3

In CASE 8.2 MacNeil Automotive Products,Ltd.v.Cannon Automotive,Ltd.(2010),MacNeil subcontracted with Canon Automotive to provide floor mats on automobiles.MacNeil claimed the mats were defective and breached the express warranty.The main question before the court was whether:

Accepted Answer

A)  the sales talk constituted an implied warranty for fitness of purpose. 
B)  the sales talk constituted an implied warranty of merchantability. 
C)  the sales talk was puffery or an express warranty. 
D)  the sales talk properly disclaimed all express warranties. 
A)  the sales talk constituted an implied warranty for fitness of purpose. 
B)  the sales talk constituted an implied warranty of merchantability. 
C)  the sales talk was puffery or an express warranty. 
D)  the sales talk properly disclaimed all express warranties.

Question 4

What does Section 201 of the UCC provide regarding a Statute of Frauds?

Accepted Answer

Section 2-201 provides that a contract f

Question 5

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

Question 6

Most courts require that a plaintiff prove reliance on an express warranty in order to recover damages.

Accepted Answer

A) True 
 B)False

Question 7

The Uniform Computer Information Transactions Act is a federal law.

Accepted Answer

A) True 
 B)False

Question 8

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 9

If parties to a contract dispute a missing term,the court could simply fill-in the missing term using the __________ provisions of the UCC.

Accepted Answer

A)  Gap-Filler 
B)  Conditional Acceptance 
C)  Battle of the Forms 
D)  Knockout Rule 
A)  Gap-Filler 
B)  Conditional Acceptance 
C)  Battle of the Forms 
D)  Knockout Rule

Question 10

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.

Question 11

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 12

The UCC does not specifically define an offer or an acceptance.

Accepted Answer

A) True 
 B)False

Question 13

When the seller provides the buyer with a document enabling them to pick up goods held at an independent warehouse,the risk of loss passes to the buyer when the:

Accepted Answer

A)  goods are picked up by the buyer. 
B)  contract of sale is signed. 
C)  buyer receives the document entitling it to pick up the goods. 
D)  buyer pays for the goods. 
A)  goods are picked up by the buyer. 
B)  contract of sale is signed. 
C)  buyer receives the document entitling it to pick up the goods. 
D)  buyer pays for the goods.

Question 14

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 15

Between merchants,what is the affect of an acceptance that includes additional terms without expressly making the contract subject to the offeror's agreeing to those terms?

Accepted Answer

The additional provisions in the accepta

Question 16

The UCC applies identical rules concerning the sales of goods to merchants and nonmerchants.

Accepted Answer

A) True 
 B)False

Question 17

Efforts to create a comprehensive uniform state law for software licensing have been largely unsuccessful.

Accepted Answer

A) True 
 B)False

Question 18

Ricardo develops a new type of software and asks you how he should go about making money through distribution of it.He has been told that he should sell the software as opposed to issuing licenses for its use.What should you tell him?

Accepted Answer

A)  That by selling, rather than by licensing, a software vendor can avoid the doctrine of first sale, which allows a lawful owner to sell or otherwise dispose of the copy. 
B)  That by licensing, rather than by selling, a software vendor can avoid the doctrine of first sale, which allows a lawful owner to sell or otherwise dispose of the copy. 
C)  That selling is the only reasonable alternative because computer programs are not copyrightable. 
D)  That licensing is the only reasonable alternative because computer programs are not copyrightable. 
A)  That by selling, rather than by licensing, a software vendor can avoid the doctrine of first sale, which allows a lawful owner to sell or otherwise dispose of the copy. 
B)  That by licensing, rather than by selling, a software vendor can avoid the doctrine of first sale, which allows a lawful owner to sell or otherwise dispose of the copy. 
C)  That selling is the only reasonable alternative because computer programs are not copyrightable. 
D)  That licensing is the only reasonable alternative because computer programs are not copyrightable.

Question 19

Under the Convention on Contracts for the International Sale of Goods (CISG),an offer becomes effective when:

Accepted Answer

A)  the offeror sends it. 
B)  it reaches the offeree. 
C)  the offeree reads it. 
D)  the offeree replies. 
A)  the offeror sends it. 
B)  it reaches the offeree. 
C)  the offeree reads it. 
D)  the offeree replies.

Question 20

Why do vendors today typically prefer to license software rather than sell it outright?

Accepted Answer

Licenses offer certain advantages to the

Exam 8: Sales, Licensing, and E-Commerce.

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.

Under the UCC,a firm offer only applies to:

In CASE 8.2 MacNeil Automotive Products,Ltd.v.Cannon Automotive,Ltd.(2010),MacNeil subcontracted with Canon Automotive to provide floor mats on automobiles.MacNeil claimed the mats were defective and breached the express warranty.The main question before the court was whether:

What does Section 201 of the UCC provide regarding a Statute of Frauds?

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

Most courts require that a plaintiff prove reliance on an express warranty in order to recover damages.

The Uniform Computer Information Transactions Act is a federal law.

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

If parties to a contract dispute a missing term,the court could simply fill-in the missing term using the __________ provisions of the UCC.

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

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?

The UCC does not specifically define an offer or an acceptance.

When the seller provides the buyer with a document enabling them to pick up goods held at an independent warehouse,the risk of loss passes to the buyer when the:

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

Between merchants,what is the affect of an acceptance that includes additional terms without expressly making the contract subject to the offeror's agreeing to those terms?

The UCC applies identical rules concerning the sales of goods to merchants and nonmerchants.

Efforts to create a comprehensive uniform state law for software licensing have been largely unsuccessful.

Ricardo develops a new type of software and asks you how he should go about making money through distribution of it.He has been told that he should sell the software as opposed to issuing licenses for its use.What should you tell him?

Under the Convention on Contracts for the International Sale of Goods (CISG),an offer becomes effective when:

Why do vendors today typically prefer to license software rather than sell it outright?

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Constitutional Bases for Business Regulation.

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Product Liability.

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The Employment Agreement.

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Directors, Officers, and Controlling Shareholders.

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