Exam 25: Obligations and Performance

An acceptance of goods can be done either expressly or by implication.

A non-repudiating party has the right to require a guarantee of performance or a pledge of security.

If appropriate assurance is not given in response to a demand for assurance of performance, the demanding party may:

Upon a seller's tender of nonconforming goods and the buyer's rejection of them, the transaction has ended.

The obligations of the parties to a sales contract include:

If a contractually-specified mode of transportation is not available, the:

A seller's duty to deliver goods requires the seller to transport the goods to the place designated by the buyer.

Unless otherwise agreed, the proper place for the delivery of goods is:

A party who has demanded adequate assurances must wait 90 days before she can treat the contract as repudiated.

A buyer has a right to insist that all the goods be delivered at one time.

If adequate assurance of performance is not given within five (5) business days from the time of the demand for assurance, the demanding party may treat the contract as repudiated.

The standard for commercial impracticability is:

The UCC imposes a higher standard of good faith on merchants than on nonmerchants.

A delivery is sufficient if it is made in accordance with the terms of the sales contract.

The person on whom a demand for assurance is made, must reply in writing for the assurance to be deemed "adequate."

Good faith essentially means that neither party can do anything to impair the other party's expectation of performance.

The right to ___________ is a second chance for a seller to make a proper tender of conforming goods.

When a buyer demonstrates in some way that the goods conform to the contract, the buyer has made a(n):

Jared agrees to purchase twelve computers from Zack Enterprises, Inc. for sale in Jared's department store. Twelve boxes from Zack Enterprises have just arrived at the department store. What are Jared's rights and responsibilities?

Substantial impairment requires proof that goods are worthless.