Exam 21: Performance and Remedies

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.

(True/False)

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Question 41

Under the "perfect tender rule" the buyer may reject the goods if they fail in any respect to conform to the contract.

(True/False)

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Question 42

A seller may not make repairs or adjustments after the goods have been tendered,even if that action will bring the goods into conformity in order to "cure" nonconforming goods.

(True/False)

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Question 43

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

(True/False)

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Question 44

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.:

(Multiple Choice)

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Question 45

Reba orders a pair of custom-made cowboy boots,C.O.D.from Home on the Range Western Wear.When the boots arrive,Reba pays the carrier for the boots,then opens the package,only to discover that the boots are the wrong snake skin color and three sizes too big.At this point:

(Multiple Choice)

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Question 46

Showing 41 - 46 of 46

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.

Under the "perfect tender rule" the buyer may reject the goods if they fail in any respect to conform to the contract.

A seller may not make repairs or adjustments after the goods have been tendered,even if that action will bring the goods into conformity in order to "cure" nonconforming goods.

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

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.:

Reba orders a pair of custom-made cowboy boots,C.O.D.from Home on the Range Western Wear.When the boots arrive,Reba pays the carrier for the boots,then opens the package,only to discover that the boots are the wrong snake skin color and three sizes too big.At this point:

Introduction to Law

Business Ethics and Social Responsibility

Dispute Resolution

Common Law, Statutory Law, and Administrative Law

Constitutional Law

Torts and Product Liability

Crime

International Law

Introduction to Contracts

Agreement

Consideration

Legality

Capacity and Consent

Written Contracts

Third parties

Performance and Discharge

Remedies

practical Contracts

Introduction to Sales

Ownership and Warranties

Negotiable Instruments

Secured Transactions

Bankruptcy

Agency

Employment and Labor Law

Employment and Discrimination

Starting a Business

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Government Regulations:Securities and Antitrust

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