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Exam 20: Performance

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Question 1

Multiple Choice

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Goods are to be sent from Buffalo, NY to Raleigh, NC by UPS using the delivery terms F.O.B.Buffalo, NY.Where does tender occur?

A) Where the goods are identified.
B) Where the goods are shipped.
C) Where the goods are delivered.
D) Where the goods are taken by the buyer.

E) All of the above
F) A) and B)

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Question 2

Multiple Choice

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If an anticipatory repudiation substantially impairs the value of the contract, the aggrieved party may:

A) await performance for a commercially reasonable time.
B) resort to any appropriate remedy for breach.
C) Both (a) and (b) are correct.
D) None of the above.

E) B) and C)
F) A) and D)

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Question 3

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If no place of tender is indicated by the contract, delivery is presumed to be made at seller's place of business.

If Mary allows the seller, Sellmart Co., four weeks to repair the defects in her kitchen set and they have tried but have not done a good job at it, she may revoke her acceptance if she:

The CISG:

Which of the following terms would indicate a destination contract?

The Elm Street Accounting Partnership has ordered two maroon office chairs for its waiting room from the Quality Office Supply Company.Quality sends two burgundy-red office chairs that the Elm Street partnership rejects.What, if any, rights does Quality have under the circumstances? Explain.

In their contract for the sale of window shades, Lela Window Treatments, Inc.and Shane agree that Lela will have the right to replace any defective goods that are delivered to Shane.This contractual provision will not have any effect because the perfect tender rule of the UCC will control in a sale of goods transaction.

Revocation of acceptance is effective without notice to the seller.

A merchant buyer of goods receives nonconforming goods.The merchant buyer rightfully rejects and appropriately notifies the seller, but the seller has no agent in the buyer's city.The goods are perishable and threaten to decline in value speedily.The merchant buyer has no further duty to the seller other than to await the seller's instructions.

Bill orders a custom-made suit from Rooks to be delivered by Friday at 5 p.m.When the suit is delivered to his office on Friday afternoon, he is in conference with a client.He accepts delivery and hangs the suit in his closet.When Bill tries on the suit Saturday evening, he discovers that the pants are cuffed.He had ordered cuffless trousers, so he calls Rooks on Monday and informs them that he is returning the suit.What can he do?

A "commercial unit" is a unit of goods that by commercial usage is a single unit and that, if divided, would be materially impaired in character or value.

The concept of the "right to cooperation" includes that:

Seller, through no fault of its own, is unable to deliver the goods to buyer because the agreed type of carrier is unavailable.Explain what the Code requires.

Acceptance of goods, which disallows any later rejection of them, is accomplished only through express words.

Payment of a C.O.D.shipment constitutes an acceptance of the goods.

On April 18, Marco bought a sailboat from a local marina.The boat was defective and did not turn about properly.Marco used the boat extensively all summer and the boat was no longer in the same condition as when it was bought.By September 30, Marco had waived his right to revoke acceptance.

A manifestation by the buyer of his unwillingness to become the owner of the goods is:

In a sale of goods, the seller's tender of performance does not have to conform to the Code's perfect tender rule.

In an installment contract, if the contract is silent about payment, the Code provides that the seller may demand the price, if it can be apportioned, for each lot.