Question 1

The following sales are excluded from the CISG:

Accepted Answer

A)  the sale of industrial equipment. 
B)  the sale of consumer goods. 
C)  the sale of ships and aircraft. 
D)  all of these are correct.

Question 2

Parties can "opt out" of CISG application to their international contract but they must make an express,affirmative statement to that effect.

Accepted Answer

A) True 
 B)False

Question 3

The term force majeure as an event generally excusing contract performance under Tandrin Aviation does not include cost increases of performance,loss of anticipated profits or a general economic downturn.

Accepted Answer

A) True 
 B)False

Question 4

The CISG requires that an acceptance materially altering the terms of the offer be approved by the original offering party.

Accepted Answer

A) True 
 B)False

Question 5

Under the UCC,between merchants,an offer may not be revoked if it is made in a signed writing that gives assurance that it will remain open for a stated period of time.

Accepted Answer

A) True 
 B)False

Question 6

In what ways do both U.S.law and the CISG contemplate circumstances beyond a party's control? How are these similar and different from each other?

Accepted Answer

The answer of In what ways do both U.S.law and...

Question 7

Compare and contrast the remedies for breach under both U.S.law and the CISG.

Accepted Answer

The answer of Compare and contrast the remedies for breach...

Question 8

Contract laws in socialist countries tend to be: Which of the following is correct?
I.Detailed,mechanical,and cumbersome.
II.Enforced by private companies operating on behalf of the state.

Accepted Answer

A)  Both I and II. 
B)  Neither I nor II. 
C)  I only. 
D)  II only.

Question 9

Where no price term is fixed under CISG,there is no way to have a valid sales contract.

Accepted Answer

A) True 
 B)False

Question 10

A,a New York firm,sends a purchase order to B in Sweden.A standard clause on the purchase order states that "All disputes are to be heard in the courts of New York." B confirms using its standard form,which states that "all disputes are to be resolved in arbitration before the ICC,Sweden." Under the CISG:

Accepted Answer

A)  A contract exists on A's terms because B's terms were a material alteration and do not become a part of the contract. 
B)  A contract exists on B's terms because the modification is immaterial. 
C)  No contract exists because B's terms were a counteroffer that was not accepted by A. 
D)  A contract exists because A did not promptly object to the new terms.

Question 11

Identify at least 10 similarities between the CISG and the UCC and/or U.S.common law.

Accepted Answer

The answer of Identify at least 10 similarities between the...

Question 12

Commercial impracticability is an excuse for nonperformance of a contract if it adds more than 20% to the cost of completing performance.

Accepted Answer

A) True 
 B)False

Question 13

Consider the benefits and detriments of a U.S.buyer and a German seller using U.S.law for a sale contract.

Accepted Answer

The answer of Consider the benefits and detriments of a...

Question 14

A U.S.company sends a purchase order to an Italian shoe company.The Italian shoe company sends a letter confirming the purchase order.The CISG provides:

Accepted Answer

A)  the acceptance by the Italian company cannot be withdrawn under any circumstances. 
B)  the Italian company can withdraw the acceptance if the withdrawal reaches the U.S. before its acceptance. 
C)  the acceptance by the Italian company was effective when sent. 
D)  none of these are correct.

Question 15

As a seller who fails to deliver goods on time,consider whether U.S.law or the CISG favors your interests.

Accepted Answer

The answer of As a seller who fails to deliver...

Question 16

Compare and contrast the mailbox rule with the receipt theory.What implications might these different rules have?

Accepted Answer

The answer of Compare and contrast the mailbox rule with...

Question 17

Price reduction is not available as a buyer's remedy for the seller's breach under the CISG if:

Accepted Answer

A)  the seller has already delivered conforming substitute goods. 
B)  the buyer has refused to accept the seller's attempt to cure the breach. 
C)  the buyer has avoided the contract and refused delivery. 
D)  all of these are correct.

Question 18

The Uniform Commercial Code has provisions applicable to international business allowing substituted performance.

Accepted Answer

A) True 
 B)False

Question 19

A buyer of goods has no obligation under the CISG to examine goods promptly when received and give notice of an error in shipment.

Accepted Answer

A) True 
 B)False

Question 20

U.S.Wheat Sales Inc.has a contract with Zambia to supply 1,000,000 bushels of wheat.Before shipment,the U.S.government put an embargo on the sale of wheat to Zambia.U.S.Wheat cannot ship.In a legal action:

Accepted Answer

A)  U.S. Wheat would be liable for breach of contract and have to pay damages. 
B)  U.S. Wheat will have to get wheat from other sources and specifically perform. 
C)  U.S. Wheat will be excused from performance because of the doctrine of impossibility of performance. 
D)  none of the these are correct.

Exam 4: The Formation and Performance of Contracts for the Sale of Goods

The following sales are excluded from the CISG:

Parties can "opt out" of CISG application to their international contract but they must make an express,affirmative statement to that effect.

The term force majeure as an event generally excusing contract performance under Tandrin Aviation does not include cost increases of performance,loss of anticipated profits or a general economic downturn.

The CISG requires that an acceptance materially altering the terms of the offer be approved by the original offering party.

Under the UCC,between merchants,an offer may not be revoked if it is made in a signed writing that gives assurance that it will remain open for a stated period of time.

In what ways do both U.S.law and the CISG contemplate circumstances beyond a party's control? How are these similar and different from each other?

Compare and contrast the remedies for breach under both U.S.law and the CISG.

Contract laws in socialist countries tend to be: Which of the following is correct? I.Detailed,mechanical,and cumbersome. II.Enforced by private companies operating on behalf of the state.

Where no price term is fixed under CISG,there is no way to have a valid sales contract.

Identify at least 10 similarities between the CISG and the UCC and/or U.S.common law.

Commercial impracticability is an excuse for nonperformance of a contract if it adds more than 20% to the cost of completing performance.

Consider the benefits and detriments of a U.S.buyer and a German seller using U.S.law for a sale contract.

A U.S.company sends a purchase order to an Italian shoe company.The Italian shoe company sends a letter confirming the purchase order.The CISG provides:

As a seller who fails to deliver goods on time,consider whether U.S.law or the CISG favors your interests.

Compare and contrast the mailbox rule with the receipt theory.What implications might these different rules have?

Price reduction is not available as a buyer's remedy for the seller's breach under the CISG if:

The Uniform Commercial Code has provisions applicable to international business allowing substituted performance.

A buyer of goods has no obligation under the CISG to examine goods promptly when received and give notice of an error in shipment.

U.S.Wheat Sales Inc.has a contract with Zambia to supply 1,000,000 bushels of wheat.Before shipment,the U.S.government put an embargo on the sale of wheat to Zambia.U.S.Wheat cannot ship.In a legal action: