Question 1

When the seller provides the buyer with a document enabling them to pick up goods held at an independent warehouse,the risk of loss passes to the buyer

Accepted Answer

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

Question 2

Under the UCC,a firm offer only applies to

Accepted Answer

A)  merchants 
B)  merchants and non-merchants 
C)  non-merchants 
D)  option contracts

Question 3

What is the rule regarding the enforceability of a contract for the sale of goods that comes within the statute of frauds if no quantity is specified?

Accepted Answer

The answer of What is the rule regarding the enforceability...

Question 4

What does Section 201 of the UCC provide regarding a statute of frauds?

Accepted Answer

The answer of What does Section 201 of the UCC...

Question 5

Most courts require that a plaintiff prove reliance on an express warranty in order to recover damages.

Accepted Answer

A) True 
 B)False

Question 6

The UCC has adopted the "mirror image" rule.

Accepted Answer

A) True 
 B)False

Question 7

The few cases that have considered click-wrap licenses have generally found which of the following?

Accepted Answer

A)  That the licenses are enforceable 
B)  That the licenses are enforceable only for software costing $100 or less 
C)  That the licenses are enforceable only for software costing $100 or less and that is designed for business, not consumer use 
D)  That the licenses are unenforceable

Question 8

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.

Question 9

Under the UCC,if only one party is a merchant,an acceptance containing additional terms

Accepted Answer

A)  automatically becomes part of the contract unless the offeror objects within ten days. 
B)  is considered a proposal for additions to the contract. 
C)  is a counteroffer. 
D)  has no effect and the contract is accepted without the new terms.

Question 10

Why do vendors today typically prefer to license software rather than sell it outright?

Accepted Answer

The answer of Why do vendors today typically prefer to...

Question 11

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

Accepted Answer

A) True 
 B)False

Question 12

The UCC does not specifically define an offer or an acceptance.

Accepted Answer

A) True 
 B)False

Question 13

Explain the different types of warranties that exist under the UCC.

Accepted Answer

The answer of Explain the different types of warranties that...

Question 14

In a state that had adopted the Uniform Electronic Transactions Act,Kiera and Ben entered into a contract whereby Ben would clean Kiera's house once a week for eighteen months for $75 per week. The transaction was done electronically,and both Kiera and Ben signed through the use of an electronic signature. Unfortunately,problems resulted when Ben failed to show up as scheduled. Ben told Kiera that the contract was not good because his signature was made electronically. Kiera told him that he was wrong and that he needs to get up to date with the modern age. Which of the following is correct regarding the dispute?

Accepted Answer

A)  Ben is correct because electronic signatures are not recognized as valid under any circumstances. 
B)  Ben is correct only if Kiera's name was typed as opposed to being shown in handwriting-style (cursive) form. 
C)  Kiera is correct that the signature is sufficient only if she can show that she and Ben had previously engaged in electronic transactions. 
D)  Kiera is correct that her electronic signature is sufficient.

Question 15

Under the Convention on Contracts for the International Sale of Goods (CISG),an offer becomes effective when

Accepted Answer

A)  the offeror sends it 
B)  it reaches the offeree 
C)  the offeree reads it 
D)  the offeree replies

Question 16

The UCC treats fixtures as goods.

Accepted Answer

A) True 
 B)False

Question 17

The UCC applies identical rules concerning the sales of goods to merchants and nonmerchants.

Accepted Answer

A) True 
 B)False

Question 18

Which of the following is the essential consideration under the Uniform Electronic Transactions Act for determining the validity of an electronic signature?

Accepted Answer

A)  Whether the person intended the process or mark provided to act as a signature and whether it can be attributed to that person. 
B)  Whether an actual signature, as opposed to some sort of unacceptable click-type agreement is involved. 
C)  Whether an actual written type signature appears as opposed to an unacceptable typed name. 
D)  Whether an actual written or typed signature appears as opposed to some sort of facsimile.

Question 19

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

Accepted Answer

A) True 
 B)False

Exam 8: sales,licensing,and e-commerce

When the seller provides the buyer with a document enabling them to pick up goods held at an independent warehouse,the risk of loss passes to the buyer

Under the UCC,a firm offer only applies to

What is the rule regarding the enforceability of a contract for the sale of goods that comes within the statute of frauds if no quantity is specified?

What does Section 201 of the UCC provide regarding a statute of frauds?

Most courts require that a plaintiff prove reliance on an express warranty in order to recover damages.

The UCC has adopted the "mirror image" rule.

The few cases that have considered click-wrap licenses have generally found which of the following?

Which of the following is true regarding the UCC's statute of frauds?

Under the UCC,if only one party is a merchant,an acceptance containing additional terms

Why do vendors today typically prefer to license software rather than sell it outright?

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

The UCC does not specifically define an offer or an acceptance.

Explain the different types of warranties that exist under the UCC.

Under the Convention on Contracts for the International Sale of Goods (CISG) ,an offer becomes effective when

The UCC treats fixtures as goods.

The UCC applies identical rules concerning the sales of goods to merchants and nonmerchants.

Which of the following is the essential consideration under the Uniform Electronic Transactions Act for determining the validity of an electronic signature?

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