Question 1

Specific performance is a remedy available both at common law and under the Code.

Accepted Answer

A) True 
 B)False

Question 2

Acceptance is clear enough: it means the buyer takes the goods. Under which of the following circumstances does acceptance occur?

Accepted Answer

A)  By waiver of rights 
B)  By rejection 
C)  By silence 
D)  By cash delivery 
E)  By making payment against documents of title 
A)  By waiver of rights 
B)  By rejection 
C)  By silence 
D)  By cash delivery 
E)  By making payment against documents of title

Question 3

Seller sold Buyer goods with an exclusive remedy that Seller would replace defective goods with non-defective ones. If that remedy term does not make Buyer whole, it will be thrown out and Code remedies are available.

Accepted Answer

A) True 
 B)False

Question 4

In a shipment contract, a seller has the duty of getting the goods to the destination at the buyer's disposal and to provide appropriate documents of delivery.

Accepted Answer

A) True 
 B)False

Question 5

Unlike at common law, under the Code a party who suffers a loss from breach of contract has no obligation to attempt to mitigate damages.

Accepted Answer

A) True 
 B)False

Question 6

Regardless of the type of contract, the _____, which is the offer to make delivery, must be kept open for a reasonable time.

Accepted Answer

A)  tender 
B)  auction 
C)  replevin 
D)  warranty 
E)  acquisition 
A)  tender 
B)  auction 
C)  replevin 
D)  warranty 
E)  acquisition

Question 7

If nothing is said in the contract about what quality of goods conform to the contract, then the Uniform Commercial Code default rule kicks in.

Accepted Answer

A) True 
 B)False

Question 8

What is a revocation and under which circumstances can a buyer revoke an acceptance?
a. if the buyer reasonably thought the nonconformity would be cured and it is not within a
reasonable time; or
b. if the acceptance was due to a latent defect that could not reasonably have been discovered before acceptance.
Moderate

Accepted Answer

A revocation of acceptance means that al

Question 9

When nothing is said in the contract about what quality of goods conform to the contract, the _____ will be put to use.

Accepted Answer

A)  posting rule 
B)  mutual agreement clause 
C)  hardship clause 
D)  perfect tender rule 
E)  mirror image rule 
A)  posting rule 
B)  mutual agreement clause 
C)  hardship clause 
D)  perfect tender rule 
E)  mirror image rule

Question 10

As a remedial measure, the seller cannot cancel a contract.

Accepted Answer

A) True 
 B)False

Question 11

A _____ of acceptance means that although the buyer has accepted and exercised ownership of the goods, he can return the goods and get his money back.

Accepted Answer

A)  replevin 
B)  tender 
C)  revocation 
D)  probation 
E)  legal notice 
A)  replevin 
B)  tender 
C)  revocation 
D)  probation 
E)  legal notice

Question 12

When the seller fails to make delivery or repudiates, then with respect to any goods involved, and with respect to the whole if the breach goes to the whole contract, the buyer may _____.

Accepted Answer

A)  "cover" and get damages 
B)  recover incidental damages 
C)  recover consequential damages 
D)  secure goods in his possession 
E)  send the goods back to the seller 
A)  "cover" and get damages 
B)  recover incidental damages 
C)  recover consequential damages 
D)  secure goods in his possession 
E)  send the goods back to the seller

Question 13

_____ is an action to recover possession of goods wrongfully held.

Accepted Answer

A)  Replevin 
B)  Revocation 
C)  Resell 
D)  Restitution 
E)  Mediate 
A)  Replevin 
B)  Revocation 
C)  Resell 
D)  Restitution 
E)  Mediate

Question 14

In the Wilson v. Scampoli case, _____.

Accepted Answer

A)  the appellee instituted a suit against appellant seeking a refund of the purchase price of the T.V. 
B)  the appellee instituted a suit against appellant seeking a brand new T.V. set 
C)  the appellee instituted a suit against appellant seeking a refund of the purchase price of the T.V. as well a brand new T.V. set 
D)  the appellee instituted a suit against appellant seeking incidental damages 
E)  the appellee instituted a suit against appellant seeking a refund of the amount needed to repair the T.V. 
A)  the appellee instituted a suit against appellant seeking a refund of the purchase price of the T.V. 
B)  the appellee instituted a suit against appellant seeking a brand new T.V. set 
C)  the appellee instituted a suit against appellant seeking a refund of the purchase price of the T.V. as well a brand new T.V. set 
D)  the appellee instituted a suit against appellant seeking incidental damages 
E)  the appellee instituted a suit against appellant seeking a refund of the amount needed to repair the T.V.

Question 15

One of the duties in a destination contract is to deliver the goods to a carrier.

Accepted Answer

A) True 
 B)False

Question 16

The Furlong v. Alpha Chi Omega Sorority case was about _____.

Accepted Answer

A)  nondelivery of goods 
B)  late delivery 
C)  breach of contract by seller 
D)  incidental damages 
E)  cancellation of goods by buyer 
A)  nondelivery of goods 
B)  late delivery 
C)  breach of contract by seller 
D)  incidental damages 
E)  cancellation of goods by buyer

Question 17

A contract term providing remedies other than those specified in the code is invalid.

Accepted Answer

A) True 
 B)False

Question 18

Betty Buyer contracted with Dubious to buy a 2017 Bulgemobile four-door sedan, colored "avocado green"; Dubious had five such cars on his lot. But on the day Betty was to pick the car up, she telephoned Dubious: Ring, ring; ring, ring: "I'm sorry, but I changed my mind. I'm not going to buy the car." Dubious put down the telephone receiver, and just as he did Dewey Donkers-a customer-approached him, saying, "I'll buy that green four-door there," pointing to the car Betty was going to buy. And Donkers bought the car for the same price Buyer was to have paid.
Ring, ring; ring, ring. "Hello, Dubious? This is Zach Zeller. The good news is we found the Bulgemobile car parts you wanted in Los Angeles. The bad news is we placed the order as you requested, but the parts were destroyed en route to you in a freeway collision while on board Zippo Trucking Company's truck. More later, 'bye for now." Ring, ring; ring ring. "Hello, Dubious? Yeah, Roger here, at Mufflers R Us. I got your request making sure we'd deliver the muffler and exhaust parts by two weeks from Tuesday, as we contracted to do. I don't know-we had problems with our pipe-bending machine for making the exhaust parts up. We might not make the deadline. Just a heads up to you. Goodbye."
Ring, ring; ring, ring. "Hello, Dubious? Carr here. If you haven't sent that 1948 Bulgemobile to Franklin yet, I suggest you don't. He just told me he's gonna have to declare bankruptcy tomorrow. Best regards."
Each of the following questions starts with this phrase: "What remedy, if any, has . . ."
-a) . . . Dubious in the situation with Roger (exhaust pipe bit)?
b) . . . Dubious regarding the '48 Bulgemobile which was, as Carr spoke, en route to Franklin on board a car-carrying truck?

Accepted Answer

a) Dubious is entitled to declare Muffle

Question 19

Richard is delivering 500 pounds of garlic from Santa Maria, CA to Portland, OR. On the way, his truck breaks down. Due to this, delivery had to be stopped till new transportation was arranged for. Also, storage had to be provided for the stock till it could be reloaded in the new transportation. Charges and expenses incurred from this would be included under _____.

Accepted Answer

A)  liquidated damages 
B)  reliance damages 
C)  treble damages 
D)  statutory damages 
E)  incidental damages 
A)  liquidated damages 
B)  reliance damages 
C)  treble damages 
D)  statutory damages 
E)  incidental damages

Question 20

An action at law to recover specific goods in Seller's possession which Seller is wrongfully withhold-ing from Buyer is

Accepted Answer

A)  cover 
B)  reclamation 
C)  specific performance 
D)  replevin 
E)  forfeiture 
A)  cover 
B)  reclamation 
C)  specific performance 
D)  replevin 
E)  forfeiture

Exam 19: Performance and Remedies

Specific performance is a remedy available both at common law and under the Code.

Acceptance is clear enough: it means the buyer takes the goods. Under which of the following circumstances does acceptance occur?

Seller sold Buyer goods with an exclusive remedy that Seller would replace defective goods with non-defective ones. If that remedy term does not make Buyer whole, it will be thrown out and Code remedies are available.

In a shipment contract, a seller has the duty of getting the goods to the destination at the buyer's disposal and to provide appropriate documents of delivery.

Unlike at common law, under the Code a party who suffers a loss from breach of contract has no obligation to attempt to mitigate damages.

Regardless of the type of contract, the _____, which is the offer to make delivery, must be kept open for a reasonable time.

If nothing is said in the contract about what quality of goods conform to the contract, then the Uniform Commercial Code default rule kicks in.

When nothing is said in the contract about what quality of goods conform to the contract, the _____ will be put to use.

As a remedial measure, the seller cannot cancel a contract.

A _____ of acceptance means that although the buyer has accepted and exercised ownership of the goods, he can return the goods and get his money back.

When the seller fails to make delivery or repudiates, then with respect to any goods involved, and with respect to the whole if the breach goes to the whole contract, the buyer may _____.

_____ is an action to recover possession of goods wrongfully held.

In the Wilson v. Scampoli case, _____.

One of the duties in a destination contract is to deliver the goods to a carrier.

The Furlong v. Alpha Chi Omega Sorority case was about _____.

A contract term providing remedies other than those specified in the code is invalid.

An action at law to recover specific goods in Seller's possession which Seller is wrongfully withhold-ing from Buyer is

Introduction to Law and Legal Systems

Corporate Social Responsibility and Business Ethics

Courts and the Legal Process

Constitutional Law and Us Commerce

Administrative Law

Criminal Law

Introduction to Tort Law

Introduction to Contract Law

The Agreement

Real Assent

Consideration

Legality

Form and Meaning

Third-Party Rights

Discharge of Obligations

Remedies

Introduction to Sales and Leases

Title and Risk of Loss

Products Liability

Bailments and the Storage, Shipment, and Leasing of Goods

Nature and Form of Commercial Paper

Negotiation of Commercial Paper

Holder in Due Course and Defenses

Liability and Discharge

Legal Aspects of Banking

Consumer Credit Transactions

Secured Transactions and Suretyship

Mortgages and Nonconsensual Liens

Bankruptcy

Introduction to Property: Personal Property and Fixtures

Intellectual Property

The Nature and Regulation of Real Estate and the Environment

The Transfer of Real Estate by Sale

Landlord and Tenant Law

Estate Planning: Wills, Estates, and Trusts

Insurance

Relationships Between Principal and Agent

Liability of Principal and Agent; Termination of Agency

Partnerships: General Characteristics and Formation

Partnership Operation and Termination

Hybrid Business Forms

Corporation: General Characteristics and Formation

Legal Aspects of Corporate Finance

Corporate Powers and Management

Securities Regulation

Corporate Expansion, State and Federal Regulation of Foreign Corporations, and Corporate Dissolution

Antitrust Law

Unfair Trade Practices and the Federal Trade Commission

Employment Law

International Law

Liability and Regulation of Accountants

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