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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Pleasant Valley Dairy agrees to sell a certain quantity of ice cream to Coffee & Dessert Caterers,but their contract does not specify the address at which the goods are to be delivered.If the parties fail to specify the address before the delivery date

(Multiple Choice)
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A shipment contract requires that the seller deliver the goods to a particular location.

(True/False)
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Summer Breeze,Inc.,contracts for the sale of fifty ceiling fans to Island Décor store.If Summer Breeze fails to deliver the goods,Island Décor must commence a suit for breach of contract within

(Multiple Choice)
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Vehicle Leasing Agency (VLA) and Wander Trucking Company enter into a contract for a lease of eight cargo vans.VLA delivers eight vans,but they are not cargo-sized.Wander

(Multiple Choice)
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If a contract specifies a certain carrier,a substitution of a different carrier for any reason breaches the contract.

(True/False)
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Sof' Chair Company contracts to deliver 100 chairs to Stuffy Furnishings Store on May 1 for which Stuffy agrees to pay.Sof' tells Stuffy on April 15 that delivery will be delayed until June 1.Stuffy may

(Multiple Choice)
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Unless otherwise agreed,inspection of goods can take place at any reasonable place and time and in any reasonable manner.

(True/False)
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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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If the goods or their tender fail to conform to the contract,the buyer can accept part and reject part.

(True/False)
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An installment contract is breached if a seller tenders any nonconforming goods.

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An installment contract is breached if a buyer accepts any nonconforming goods.

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Food Packaging,Inc.,agrees to sell 50,000 6-ounce yogurt containers to Golden Dairy Company.Food can obtain only 20,000 of the 6-ounce contain?ers,but also ships 30,000 more expensive 8-ounce containers for the same price.Under these circumstances,Golden

(Multiple Choice)
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Genuine Seed Company and Hillside Farmers Cooperative enter into a contract for a sale of hybrid seeds.Under the perfect tender rule,Genuine Seed must ship or tender seeds to Hillside that

(Multiple Choice)
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An installment contract is a single contract that requires or authorizes delivery in two or more separate lots to be paid for in one payment.

(True/False)
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Craft Engineering,Inc.,contracts for a sale of technical instruments to Detail Design Company.Before the date on which performance is due,Craft notifies Detail that it will not perform.This is

(Multiple Choice)
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A contract for a sale of a certain quantity of drum kits from Rimshot Drum Company to Musicians Warehouse specifies Urban City as the place for delivery but leaves open the particular address.Obliged to specify the address is

(Multiple Choice)
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Levi's Toy Store orders one hundred board games from Big Board Games Warehouse.When the games are delivered,they are all missing pieces.Levi's Toy Store rejects the shipment.Big Board Games wants to cure.Big Board Games must

(Multiple Choice)
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Kim's Pony Rides orders ten saddles from Little Horse Saddles,Inc.The sales contract states that if the saddles are defective,Kim's will allow Little Horse Saddles to repair or replace them instead of rejecting the shipment.When the saddles arrive,they are defective.In this case,the perfect tender rule

(Multiple Choice)
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Clear Day Company,which is based in Delaware,agrees to sell fifty windows,currently stored in Florida,to Far Vu,Inc.,which is based in Hawaii.Absent an agreement to the contrary,the place of deliv?ery is in

(Multiple Choice)
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