Exam 23: Nature and Form of Sales

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A contract involving both services and goods is classified as a contract for the sale of goods if:

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D

When the price of the goods is $500 or more,a writing signed by the defendant is required in all cases.

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False

Which term is not required in a writing in order to satisfy the statute of frauds?

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B

The term "course of dealing" refers to the language and customs of an industry.

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A transfer of possession,but not title,is called:

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__________ represents a pattern of performance between the parties to a contract.

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The parol evidence rule does not apply to the sale of goods.

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Additional terms in acceptance of an offer for non-merchants:

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The UCC permits a court to refuse to enforce a sales contract that it finds to be unconscionable.

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A sales contract must be evidenced by a writing if the sales price of goods is equal to or more than:

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An agreement to modify a contract for the sale of goods:

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Gonzalez Manufacturing negotiated by telephone to purchase approximately $7,000 worth of digital video recorders from Video Imports.The final details were worked out by telephone calls on April 2nd.On April 4th,Video sent Gonzalez a confirmation of their telephone agreement,which included pertinent details.Meanwhile,on April 3rd,Gonzalez was offered a better deal than Video's and accepted it.Upon arrival of the confirmation on April 6th,Gonzalez ignored it and did nothing further until May 1st,the date before Video was to deliver.On May 1st,Gonzalez informed Video that their contract was an unenforceable oral contract and that delivery would not be accepted. When attempts to amicably settle the matter failed,Video sued Gonzalez for breach of contract.Decide.

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Consumer leases:

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A contract of indefinite duration may be terminated by notice from either party to the other party.

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UCC Article 2 applies not only to contracts for the sale of familiar items of personal property,such as automobiles or chairs,but also to the transfer of commodities,such as oil,gasoline,milk,and grain.

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A merchant is about to transfer his entire inventory as part of an annual clearance action.This transfer is called a bulk transfer.

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The CISG:

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All goods other than those existing and owned by a seller at the time of a transaction are called:

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To satisfy the statute of frauds,the writing must be signed and must include the price of the goods.

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A contract that has elements of both goods and services is always classified as a contract for the sale of goods.

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