Exam 21: A: Performance Breach of Sales Lease Contracts

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If a buyer breaches a contract,the seller can choose to simply cancel the contract.

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True

The doctrine of commercial impracticability only extends to problems that could have been foreseen.

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Text Publishers,Inc. ,contracts for a sale of textbooks to University Bookstores,Inc.Viable Shipping Corporation,the carrier,transports the books to Warehouse Storage Company.Text's right to stop delivery is lost when University's rights to the goods are acknowledged by

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Rugged Boats,Inc. ,and Whitewater Rafting enter into a contract for a sale of six custom-made rubber rafts.Whitewater pays for the goods,but Rugged does not deliver.Whitewater can use replevin as a remedy if

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Elegant Carpets,Inc. ,and Fantastic Floors Stores enter into a contract for a sale of carpeting.Under a shipment contract,the seller must

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Design Architects,Inc. ,and Office Supply Company contract for a sale of office furniture.Design Architects,which is insolvent,breaches the contract.Office Supply can stop delivery of the goods in transit

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Remedies under the UCC are cumulative.

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Gunmakers Pride Corporation contracts for the sale of twelve hunting rifles to Hunters Supply store.Gunmakers delivers nonconforming goods.Acceptance will be presumed unless Hunters Supply rejects the goods

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Gleaming Gem Corporation agrees to sell Jewelry Outlets,Inc.(JOI),fifty new diamonds,but the contract does not specify a place of delivery.JOI is expected to pick up the goods.The place of delivery is

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Natural Seed Company and Mill Valley Farmers Cooperative enter into a contract for a sale of hybrid seeds.Under the perfect tender rule,Natural must ship or tender seeds that

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With an installment contract,if a buyer or lessee accepts a nonconforming installment,the contract is breached.

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Fact Pattern 21-B1 First State Bank issues a letter of credit in favor of Oboe Company,an American firm,to facilitate an international sales contract to buy resources from Lapland Mining,Ltd. ,a Finnish company. -Refer to Fact Pattern 21-B1.In this letter of credit,the ben?eficiary is

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Acceptance of goods is presumed when a buyer or lessee fails to reject the goods within a reasonable time.

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A buyer who rightfully rejects nonconforming goods can resell the goods and keep the proceeds.

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If a buyer breaches a contract while the seller is still in possession of the goods,the seller can resell the goods and hold the buyer liable for any loss.

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Relax-o Chair Company contracts to deliver 100 chairs to Stuffy Furnishings Store on May 1 for which Stuffy agrees to pay.Relax-o tells Stuffy on April 15 that delivery will be delayed until June 1.Stuffy may

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Acceptance of goods precludes the buyer or lessee from revoking his or her acceptance.

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When a buyer has breached a sales contract,and the goods are in his or her possession,the seller can sue to recover the purchase price.

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A buyer who obtains substitute goods to replace goods that a seller did not deliv?er can not also recover damages from the seller.

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On May 1,City Auto & Truck Sales agrees to sell a car to Dino.Five days later,Dino refuses delivery and cancels the contract.City is enti?tled to

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