Exam 23: Performance And Remedies

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A buyer may revoke an acceptance of goods if:

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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?

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Under the doctrine of commercial impracticability,which situation would not excuse the seller's performance?

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A buyer who is unable to obtain cover:

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Discuss the UCC rules on the limitation of damages in a contract.

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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.

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