Question 1

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 2

Under 2-711 of the UCC,a buyer has a remedy called "cover".What is cover and when can it be used?

Accepted Answer

A)  Cover applies when conforming goods are rejected by the buyer, giving him the right to cancel the contract and buy better goods elsewhere with reimbursement for any extra costs. 
B)  Cover applies when nonconforming goods are delivered to the buyer, giving him the right to cancel the contract and buy the goods elsewhere with reimbursement for any extra costs. 
C)  Cover is a SELLER's right and does not apply to the buyer. 
D)  Cover allows a buyer to cancel the contract after the shipment is delayed for 30 days, and recover direct damages from the seller. 
A)  Cover applies when conforming goods are rejected by the buyer, giving him the right to cancel the contract and buy better goods elsewhere with reimbursement for any extra costs. 
B)  Cover applies when nonconforming goods are delivered to the buyer, giving him the right to cancel the contract and buy the goods elsewhere with reimbursement for any extra costs. 
C)  Cover is a SELLER's right and does not apply to the buyer. 
D)  Cover allows a buyer to cancel the contract after the shipment is delayed for 30 days, and recover direct damages from the seller.

Question 3

Which of the following is the majority approach when resolvingcontradictory terms in pre-printed forms? (See theRichardson v.Union Carbide Industrial Gases,Inc.case)

Accepted Answer

A)  The majority approach is that the offeror's terms control. 
B)  The majority approach isthat the offeree's terms control. 
C)  The majority approach is to applythe knockout rule with conflicting terms knocked out of the contract. 
D)  The majority approach is the assimilation view whereby terms of the offer prevail over the different terms in the acceptance only if the latter are materially different. 
A)  The majority approach is that the offeror's terms control. 
B)  The majority approach isthat the offeree's terms control. 
C)  The majority approach is to applythe knockout rule with conflicting terms knocked out of the contract. 
D)  The majority approach is the assimilation view whereby terms of the offer prevail over the different terms in the acceptance only if the latter are materially different.

Question 4

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".

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

Under 2-711 of the UCC,a buyer has a remedy called "cover".What is cover and when can it be used?

Which of the following is the majority approach when resolvingcontradictory terms in pre-printed forms? (See theRichardson v.Union Carbide Industrial Gases,Inc.case)

Law, Value Creation, and Risk Management.

Ethics and the Law.

Sources of Law, Courts, and Dispute Resolution.

Constitutional Bases for Business Regulation.

Agency.

Administrative Law.

Contracts.

Torts and Privacy Protection.

Product Liability.

Intellectual Property.

The Employment Agreement.

Civil Rights and Employment Discrimination.

Criminal Law.

Environmental Law and Sustainability.

Antitrust.

Consumer Protection.

Real Property and Land Use.

Forms of Business Organizations.

Directors, Officers, and Controlling Shareholders.

Public and Private Offerings of Securities.

Securities Fraud and Insider Trading.

Debtor-Creditor Relations and Bankruptcy.

International Law and Transactions.

Filters

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

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

Under 2-711 of the UCC,a buyer has a remedy called "cover".What is cover and when can it be used?

Which of the following is the majority approach when resolvingcontradictory terms in pre-printed forms? (See theRichardson v.Union Carbide Industrial Gases,Inc.case)

Law, Value Creation, and Risk Management.

Ethics and the Law.

Sources of Law, Courts, and Dispute Resolution.

Constitutional Bases for Business Regulation.

Agency.

Administrative Law.

Contracts.

Torts and Privacy Protection.

Product Liability.

Intellectual Property.

The Employment Agreement.

Civil Rights and Employment Discrimination.

Criminal Law.

Environmental Law and Sustainability.

Antitrust.

Consumer Protection.

Real Property and Land Use.

Forms of Business Organizations.

Directors, Officers, and Controlling Shareholders.

Public and Private Offerings of Securities.

Securities Fraud and Insider Trading.

Debtor-Creditor Relations and Bankruptcy.

International Law and Transactions.

Filters