Deck 17: Formalities of a Sale

Question 1

Which of the following best describes the term "acceptance"?

A) It is the assent of a buyer to become the owner of specific goods.
B) It is the assent of a seller to provide specific goods.
C) It is taking repossession of goods by the seller once they have been sold.
D) It is the acknowledgement of a fact during the course of the sale.

Answer 1

A

Question 2

A(n) _____ is a sale in which a seller or an agent of the seller orally asks for bids on goods and orally accepts the highest bid.

A) bidding
B) escrow
C) auction
D) collusion

Answer 2

C

Question 3

Which of the following is true of oral contract payments?

A) In the case of part payment, an oral contract may be enforced for goods, for which payment has not been made and accepted.
B) An oral contract can be enforced if the buyer has made full payment on the contract.
C) Under the law of commercial paper, a check, or draft is an unconditional payment when delivered.
D) A check or promissory note tendered as payment, but refused by the seller, constitutes as an oral contract payment.

Answer 3

B

Question 4

Goods that are specifically made for the buyer and are of such an unusual nature that they are not suitable for trade in the ordinary course of the seller's business are called _____.

A) auction goods
B) nonresellable goods
C) resellable goods
D) speciality goods

Question 5

When a person makes a bid to start the sale, the auctioneer cannot refuse to accept this as a starting bid.

Question 6

No writing is required in the case of nonresellable goods.

Question 7

Which of the following is true of the nature of writing required to satisfy the Statute of Frauds?

A) The writing need not state the quantity of the goods involved.
B) The writing can be made before the making of the sale.
C) The writing can be in the form of letters, e-mails, and telegrams.
D) The writing cannot include typewritten signatures.

Question 8

Which of the following is true of an auction sale?

A) A sale by auction for any amount is not valid if it is made orally.
B) When an auctioneer makes and signs a memorandum of the sale, it binds only the bidder.
C) Goods can only be offered for sale without reserve.
D) There is no contract until and unless an auctioneer accepts a bidder's offer.

Question 9

Explain nonresellable goods.

Question 10

Goods may be offered for sale in an auction with reserve or without reserve.

Question 11

In an auction, the auctioneer is the one who makes the offer.

Question 12

An oral contract can be enforced if the buyer has made a partial payment on the contract.

Question 13

A signature can be electronic as on an e-mail, as well as be written or stamped.

Question 14

If a bid is made while the hammer is falling in acceptance of a prior bid, the auctioneer has the option to reopen the bid.

Question 15

Writing is required when the person against whom enforcement of a sales contract is sought voluntarily admits, in the course of legal proceedings, to having made the sales contract.

Question 16

Macy's, an auction house, was slated to put up ten paintings for auction. During the course of the auction, the auctioneer announced that three of these paintings can be recalled at the discretion of the auction house. In such a scenario, the seven remaining paintings will be known as goods offered _____.

A) without terms
B) without reserve
C) with terms
D) with reserve

Question 17

Which of the following descriptions best fits the term "receipt"?

A) It is the acknowledgement of a purchase order by the seller.
B) It is the acknowledgement of an industry standard by the buyer and seller.
C) It is taking possession of the purchased goods by the buyer.
D) It is the assent of the seller to provide specific goods.

Question 18

The terms of writing states that the writing need not indicate that a sale or contract to sell has been made.

Question 19

To satisfy the Statute of Frauds, a writing can be made only before the making of the sale.

Question 20

Purchase orders, cash register receipts, sales tickets, invoices, and similar papers satisfy the requirements as to a signature.