Question 1

If a sales contract requires the seller to ship the goods by carrier and specifies the destination,the risk of loss passes to the buyer when the

Accepted Answer

A)  goods are properly delivered to the carrier. 
B)  carrier tenders the goods to the buyer at the specified destination. 
C)  contract is finalized. 
D)  seller pays for the goods. 
A)  goods are properly delivered to the carrier. 
B)  carrier tenders the goods to the buyer at the specified destination. 
C)  contract is finalized. 
D)  seller pays for the goods.

Question 2

A contract is __________ when one party is induced to enter a contract without having any meaningful choice.

Accepted Answer

A)  substantively unconscionable 
B)  procedurally unconscionable 
C)  procedurally impracticable 
D)  substantively impracticable 
A)  substantively unconscionable 
B)  procedurally unconscionable 
C)  procedurally impracticable 
D)  substantively impracticable

Question 3

What does Section 201 of the UCC provide regarding a Statute of Frauds?

Accepted Answer

Section 2-201 provides that a contract f

Question 4

When the seller provides the buyer with a document enabling the pickup of goods held at an independent warehouse,the risk of loss passes to the buyer when the:

Accepted Answer

A)  goods are picked up by the buyer. 
B)  contract of sale is signed. 
C)  buyer receives the document entitling it to pick up the goods. 
D)  buyer pays for the goods. 
A)  goods are picked up by the buyer. 
B)  contract of sale is signed. 
C)  buyer receives the document entitling it to pick up the goods. 
D)  buyer pays for the goods.

Question 5

The UCC regulates sales of goods by merchants but not by nonmerchants.

Accepted Answer

A) True 
 B)False

Question 6

According to the UCC,if no amount of time is specifically stated,a firm offer provided by a merchant must be kept open for a reasonable period of time,up to

Accepted Answer

A)  one year. 
B)  six months. 
C)  three months. 
D)  sixty days. 
A)  one year. 
B)  six months. 
C)  three months. 
D)  sixty days.

Question 7

Many states have applied Article 2 of the UCC to software licenses either directly or by analogy.

Accepted Answer

A) True 
 B)False

Question 8

Unless the parties opt out of its provision,the _____ will apply to most international sales of goods.

Accepted Answer

A)  UCITA 
B)  UCC,Article 2 
C)  CISG 
D)  TRUSTe 
A)  UCITA 
B)  UCC,Article 2 
C)  CISG 
D)  TRUSTe

Question 9

Panya sold Jody a used car for $1,000.Their contract provided that the engine in the car was in good shape,a true statement as far as Panya knew.Unfortunately,the day after Jody purchased the car,it broke down and was discovered to have significant engine problems.Jody wanted a refund.Panya said Jody was not entitled to a refund because Panya did not lie and had not known anything was wrong with the car.Which of the following is true?

Accepted Answer

A)  Jody is entitled to a refund because of a breach of an express warranty. 
B)  Jody is entitled to a refund because of a breach of the implied warranty of fitness for a particular purpose. 
C)  Jody is entitled to a refund only by obtaining evidence that Panya lied. 
D)  Jody is not entitled to a refund under any circumstances because the vehicle was used. 
A)  Jody is entitled to a refund because of a breach of an express warranty. 
B)  Jody is entitled to a refund because of a breach of the implied warranty of fitness for a particular purpose. 
C)  Jody is entitled to a refund only by obtaining evidence that Panya lied. 
D)  Jody is not entitled to a refund under any circumstances because the vehicle was used.

Question 10

In CASE 8.2,MacNeil Automotive Products,Ltd.v.Cannon Automotive,Ltd.(2010),MacNeil subcontracted with Canon Automotive to provide floor mats on automobiles.MacNeil claimed the mats were defective and breached the express warranty.What was the main question before the court?

Accepted Answer

A)  Did the sales talk constitute an implied warranty for fitness of purpose? 
B)  Did the sales talk constitute an implied warranty of merchantability? 
C)  Was the sales talk puffery or an express warranty? 
D)  Did the sales talk properly disclaim all express warranties? 
A)  Did the sales talk constitute an implied warranty for fitness of purpose? 
B)  Did the sales talk constitute an implied warranty of merchantability? 
C)  Was the sales talk puffery or an express warranty? 
D)  Did the sales talk properly disclaim all express warranties?

Question 11

Efforts to create a comprehensive uniform state law for software licensing have been largely unsuccessful.

Accepted Answer

A) True 
 B)False

Question 12

Which of the following is true regarding the UCC's Statute of Frauds?

Accepted Answer

A)  The writing involved must be typed,not handwritten. 
B)  The writing must be signed by the party to be charged,not necessarily by all parties. 
C)  Any warranties must be included in the writing in order to be enforceable. 
D)  The UCC's requirements regarding a writing are strict and place significant burdens on the parties in regard to adequately including all terms of the agreement in the writing. 
A)  The writing involved must be typed,not handwritten. 
B)  The writing must be signed by the party to be charged,not necessarily by all parties. 
C)  Any warranties must be included in the writing in order to be enforceable. 
D)  The UCC's requirements regarding a writing are strict and place significant burdens on the parties in regard to adequately including all terms of the agreement in the writing.

Question 13

If parties to a contract dispute a missing term,the court could simply fill in the missing term using the _____ provisions of the UCC.

Accepted Answer

A)  Gap-Filler 
B)  Conditional Acceptance 
C)  Battle of the Forms 
D)  Knockout Rule 
A)  Gap-Filler 
B)  Conditional Acceptance 
C)  Battle of the Forms 
D)  Knockout Rule

Question 14

The implied warranty of fitness for a particular purpose may apply to merchants and nonmerchants alike.

Accepted Answer

A) True 
 B)False

Question 15

Between merchants,what is the effect of an acceptance that includes additional terms without expressly making the contract subject to the offeror's agreeing to those terms?

Accepted Answer

The additional provisions in the accepta

Question 16

When is a failure to perform allowed under the UCC's doctrine of commercial impracticability?

Accepted Answer

Section 2-615 states that unless the con

Question 17

Procedural unconscionability is easier to prove in a commercial setting than when an individual consumer is involved.

Accepted Answer

A) True 
 B)False

Question 18

Which of the following is true regarding the UETA in relation to the E-Sign Act?

Accepted Answer

A)  Because the UETA is a federal law,whereas the E-Sign Act is a creature of state law,the UETA preempts the E-Sign Act in many ways. 
B)  The UETA and also the E-Sign Act exclude wills from their coverage. 
C)  Both the UETA and the E-Sign Act include within their broad scope provisions that divorces may be entered into and recorded electronically. 
D)  The UETA allows electronic signatures whereas the E-Sign Act disallows such signatures. 
A)  Because the UETA is a federal law,whereas the E-Sign Act is a creature of state law,the UETA preempts the E-Sign Act in many ways. 
B)  The UETA and also the E-Sign Act exclude wills from their coverage. 
C)  Both the UETA and the E-Sign Act include within their broad scope provisions that divorces may be entered into and recorded electronically. 
D)  The UETA allows electronic signatures whereas the E-Sign Act disallows such signatures.

Question 19

A proposal by a sales representative that is subject to approval by the home office is not an offer.

Accepted Answer

A) True 
 B)False

Question 20

Rylen develops a new type of software and asks you how to go about making money through distribution of it.Rylen has been told to sell the software as opposed to issuing licenses for its use.What should you tell Rylen?

Accepted Answer

A)  By selling,rather than by licensing,a software vendor can avoid the doctrine of first sale,which allows a lawful owner to sell or otherwise dispose of the copy. 
B)  By licensing,rather than by selling,a software vendor can avoid the doctrine of first sale,which allows a lawful owner to sell or otherwise dispose of the copy. 
C)  Selling is the only reasonable alternative because computer programs are not copyrightable. 
D)  Licensing is the only reasonable alternative because computer programs are not copyrightable. 
A)  By selling,rather than by licensing,a software vendor can avoid the doctrine of first sale,which allows a lawful owner to sell or otherwise dispose of the copy. 
B)  By licensing,rather than by selling,a software vendor can avoid the doctrine of first sale,which allows a lawful owner to sell or otherwise dispose of the copy. 
C)  Selling is the only reasonable alternative because computer programs are not copyrightable. 
D)  Licensing is the only reasonable alternative because computer programs are not copyrightable.

Exam 8: Sales Licensing and-E Commerce

If a sales contract requires the seller to ship the goods by carrier and specifies the destination,the risk of loss passes to the buyer when the

A contract is __________ when one party is induced to enter a contract without having any meaningful choice.

What does Section 201 of the UCC provide regarding a Statute of Frauds?

When the seller provides the buyer with a document enabling the pickup of goods held at an independent warehouse,the risk of loss passes to the buyer when the:

The UCC regulates sales of goods by merchants but not by nonmerchants.

According to the UCC,if no amount of time is specifically stated,a firm offer provided by a merchant must be kept open for a reasonable period of time,up to

Many states have applied Article 2 of the UCC to software licenses either directly or by analogy.

Unless the parties opt out of its provision,the _____ will apply to most international sales of goods.

In CASE 8.2,MacNeil Automotive Products,Ltd.v.Cannon Automotive,Ltd.(2010),MacNeil subcontracted with Canon Automotive to provide floor mats on automobiles.MacNeil claimed the mats were defective and breached the express warranty.What was the main question before the court?

Efforts to create a comprehensive uniform state law for software licensing have been largely unsuccessful.

Which of the following is true regarding the UCC's Statute of Frauds?

If parties to a contract dispute a missing term,the court could simply fill in the missing term using the _____ provisions of the UCC.

The implied warranty of fitness for a particular purpose may apply to merchants and nonmerchants alike.

Between merchants,what is the effect of an acceptance that includes additional terms without expressly making the contract subject to the offeror's agreeing to those terms?

When is a failure to perform allowed under the UCC's doctrine of commercial impracticability?

Procedural unconscionability is easier to prove in a commercial setting than when an individual consumer is involved.

Which of the following is true regarding the UETA in relation to the E-Sign Act?

A proposal by a sales representative that is subject to approval by the home office is not an offer.

Rylen develops a new type of software and asks you how to go about making money through distribution of it.Rylen has been told to sell the software as opposed to issuing licenses for its use.What should you tell Rylen?

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