Exam 20: Performance and Breach

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The seller's or lessor's major obligation under a sales contract is to tender conforming goods to the buyer or lessee. 

(True/False)
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Precision Parts,Inc.,and Quality Auto stores enter into a contract for a sale of specific auto parts.Precision Parts ships parts that do not meet the specifications.Quality Auto 

(Multiple Choice)
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Under the UCC,there are no exceptions to the perfect tender rule. 

(True/False)
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In the absence of any specific agreements,the buyer or lessee must make payment after receipt of the goods. 

(True/False)
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The seller's right to cure does not affect the right of the buyer or lessee to reject goods. 

(True/False)
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Under the UCC,if a contract does not designate the place of delivery for the goods,and the buyer is expected to pick them up,then the place of delivery must be at a location halfway between the seller's place of business and the buyer's place of business. 

(True/False)
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Fact Pattern 20-1Daily Bread Bakeries, Inc., contracts to buy all of its ingredient requirements for bread making, at a certain minimum per year, from Enriched Flour & Grain Corporation for six years. After three years, Daily Bread tells Enriched that it plans to sell its assets to Flat Bread Shops, Inc. Flat Bread refuses to assure Enriched that it will continue Daily Bread's contract. -Refer to Fact Pattern 20-1.Flat Bread's refusal is 

(Multiple Choice)
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Silas Paving Co.contracts to buy some construction machinery from Massive Earthmovers,Inc.Before either party performs,Massive sells its assets to Phoenix Equipment Corp.On learning of the sale,Silas is concerned about its contract with Massive.Silas should 

(Multiple Choice)
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Fact Pattern 20-1Daily Bread Bakeries, Inc., contracts to buy all of its ingredient requirements for bread making, at a certain minimum per year, from Enriched Flour & Grain Corporation for six years. After three years, Daily Bread tells Enriched that it plans to sell its assets to Flat Bread Shops, Inc. Flat Bread refuses to assure Enriched that it will continue Daily Bread's contract. -Refer to Fact Pattern 20-1.Enriched can 

(Multiple Choice)
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If a buyer repudiates a contract,the seller can bring an action to recover damages. 

(True/False)
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Colby contracts in writing to sell his 2005 Dodge-brand pick-up truck to Efrem for $10,500.Colby agrees to deliver the truck on Friday,and Efrem promises to pay the $10,500 on the following Monday.On Thursday,Efrem tells Colby that he changed his mind and will not buy the truck.Over the weekend,Efrem changes his mind again and tenders $10,500 to Colby on Monday.Colby has not sold the truck to another party but refuses the tender and refuses to deliver.Efrem claims that Colby has breached their contract.Colby contends that Efrem's repudiation released him from his duty to perform under the contract.Who is correct,and why?

(Essay)
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Noni and Myra enter into a contract for a sale of clarinets and other wind instruments.Noni delivers,but Myra does not pay.Noni can normally recover as damages the difference between 

(Multiple Choice)
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The term cure refers to the right of the buyer to reject,adjust,or replace nonconforming goods. 

(True/False)
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Oh! Wow! Markets,Inc.,rejects a shipment of turkey that does not conform to its contract with Poultry Processing Corporation,but is unable to obtain instructions from the seller.Oh! Wow! Markets can 

(Multiple Choice)
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Fruit of the Plant,Inc.,agrees to sell a certain quantity of a high-quality grain seed to Grange Co-op.Fruit of the Plant can obtain only half of the quantity ordered,so the seller also ships a lesser quality seed in twice the amount of the remainder of the order for the same price.Grange Co-op rejects the lesser quality seed.With time for performance not yet expired,Fruit of the Plant can​ 

(Multiple Choice)
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If a buyer wrongfully refuses to accept goods,the seller can bring an action to recover the damages sustained. 

(True/False)
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The doctrine of commercial impracticability only extends to problems that are unforeseen. 

(True/False)
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Loading Ramps Plus Inc.contracts to sell sixteen aluminum loading ramps to Moving Services,Inc.Loading Ramps ships the ramps,which Moving Services accepts but does not pay for.Loading Ramps can​ 

(Multiple Choice)
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Revocation of acceptance is not effective until notice is given to the seller or lessor. 

(True/False)
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Shane's Auto Parts orders twenty tires from Tough Tires,Inc.The truck delivering the tires to Shane's is in an accident and ten of the tires are damaged.Shane's Auto Parts​ 

(Multiple Choice)
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