Exam 16: Performance Breach of Sales Lease Contracts

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LowPrice Footwear Company contracts to buy 10,000 pairs of boots from Massive Boots,Inc.LowPrice becomes insolvent.Massive may insist that LowPrice

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B

Incidental damages include all reasonable expenses incurred because of a breach of contract.

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True

Heavy Concrete Company contracts for a sale of its products to Interstate Construction,Inc.For Heavy to tender delivery of goods,it must

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A

If a contract does not specify where the goods are to be delivered and the buyer is to pick them up,the place of delivery is the location of the goods.

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Heavy Equipment,Inc. ,and Ideal Construction Company enter into a con?tract for the sale of a crane.Heavy Equipment does not know that Ideal is insolvent.Ideal sells the crane to Jiffy Build,Inc. ,a good faith purchaser.Heavy Equipment may

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Fact Pattern 16-1 Internet Cafes,Inc. ,contracts to buy all of its requirements for coffee,at a mini?mum of 1 million pounds per year,from Java Corporation for six years.After three years,Internet tells Java that it plans to sell its company to Kwik Eateries,Inc.Kwik refuses to assure Java that it will continue Internet's contract. -Refer to Fact Pattern 16-1.Java can

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When one party fails to cooperate with the other party in carrying out the terms of a contract,the other party may be excused from performing.

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City Accounting Service pays half of the price for a shipment of computers that remain with the seller,Digital Computers,Inc.Within ten days,Digital becomes insolvent.City can recover the goods if

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Jivin' Java Company orders coffee beans from Koala Beans Corporation.Jivin' ac?cepts the beans before discovering that they are nonconforming.To re?voke acceptance,Jivin' must notify Koala

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A buyer who rightfully rejects nonconforming goods can resell the goods and keep the proceeds without accounting to the seller for the amount.

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On May 1,Silver Star Auto Sales agrees to sell a car to Troy.Five days later,Troy cancels the contract.Silver Star is enti?tled to

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If a lessor's tender of delivery fails to conform to a contract in any way,the lessee cannot accept the goods.

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A seller's tender of goods is a valid tender even if it does not conform to a contract in a minor way.

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Quality Equipment Company contracts for a sale of goods to Regional Sales Corporation.Quality can enforce its right to payment

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

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Square B Ranch and Tom enter into a contract on August 1 in which Square B agrees to sell 200 cattle to Tom.Tom cancels the con?tract ten days later.Square B is enti?tled to

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Goods may be rejected only if they are substantially nonconforming with the terms of the contract.

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Theatrical Supplies Company contracts to sell to United Costumes & Uniforms,Inc. ,seven hundred plastic masks at $1 each to be delivered by October 1.Theatrical knows that United will use the masks to make Halloween costumes.United usually makes $7,000 profit from the cos?tumes' sale.Theatrical fails to deliver on October 1.United attempts to buy substitute masks,but must pay $1.20 for each and take delivery on October 15,cutting United's sales in half.United sues Theatrical.What is the measure of recovery?

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If,before the time for performance,a buyer communicates an intent not to perform,the seller can consider the buyer in breach and pursue a remedy.

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A seller can exercise the right to cure within the contract time for performance.

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