Exam 21: Introduction to Sales and Lease Contracts

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Veronica and Paul are arguing about whether or not states have any rights under the UCC. If you were explaining state's rights under the UCC, which of the following is true regarding state rights in relationship to the UCC?

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B

[Dress Shop Problems] Lara, who has a ladies' dress shop, reached an oral agreement with Kim, a wholesaler, to purchase 100 dresses for $80 each, with the dresses to be delivered within 30 days. Kim later orally agreed to a modification whereby she would add ten belts to go along with certain dresses at no extra charge. Kim did so because she wanted to maintain Lara's good will. Lara sent Kim a memo confirming their oral agreement, including the modification, but heard nothing. When the dresses did not arrive within 30 days, Lara checked with Kim. Kim told her that their agreement was no good because Kim never signed anything and that the UCC does not apply in the retail arena. -Which of the following is true regarding the modification to the agreement involving the belts added to the order at no extra charge?

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E

After conducting a great deal of research, Nora contacts a camping store and signs a contract to purchase forty-five new tents at a reduced rate. According to Exhibit 21-4 of the text, under what circumstances would Nora not be considered a "merchant" under UCC Article 2 with regard to the contract for the purchase of the tents?

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A

Each state passes its own laws to outline rules and laws pertaining to sales and lease contracts.

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Aranda claims that Rita's telephone call with Aranda is an admission of the existence of the contract and an admission constitutes an exception to the statute of frauds under the UCC. Is Aranda correct?

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For businesses that operate in the global economy, ________ clauses would be advantageous to include in a contract in order to avoid conflict.

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A finance lease is equivalent to a consumer lease.

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Under Article 2 of the UCC, which of the following consists of the passing of title from the seller to the buyer for a price?

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Are there any steps Emilia should take in small claims court, or before she goes, regarding the customer who ordered the plain T-shirts?

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[Carpet Woes] Joaquin went shopping at ABC Carpet. He saw some carpet he liked but could not make up his mind. The manager at ABC Carpet wrote down the proposed purchase price for him along with a statement that the price would be good for three months. Two months later, Joaquin went back to ABC Carpet to purchase the carpet. Unfortunately, the price had gone up. Joaquin showed the manager his writing and guaranteed price, but the manager said that the offer was no longer good. Frustrated with ABC Carpet, Joaquin decided to purchase his carpet from XYZ Carpet, and he also contracted with XYZ to do the installation. Unfortunately, Joaquin almost immediately started to have problems with the carpet. Joaquin told the sales manager for XYZ Carpet that he was planning on bringing a suit for breach of warranty. The sales manager, however, told him that breach of warranty provisions only applied to sales of goods and that the carpet purchase was for installation, a service. -Which of the following is true regarding the enforceability of the offer made by the manager at ABC Carpet?

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What are the UCC's exceptions to the statute of fraud's writing requirements?

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Which of the following does not follow the English common law?

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A contract or contract provision is said to be unconscionable if ________.

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The parol evidence rule aims to protect sales or lease contracts that the parties intend to be the final expression of their agreement.

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Under the UCC, which of the following are two special kinds of leases?

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Which of the following statements is true about the UCC and the CISG?

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According to Exhibit 21-5 in the text, if quantity is left open in a contract for the sale of goods under the UCC, how will a court most likely interpret this provision?

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Land and service contracts are governed by common law, not the UCC.

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The UCC has not adopted the mirror image rule.

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What was the court's ruling in Loizeaux Builders Supply Co. v. Donald B. Ludwig Company, the case in the text about whether a supplier's telephone call in February that the low price for concrete "would be adhered to for the year" still applied after January 1, when the supplier raised its price?

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