Exam 23: Performance and Obligations Under Sales and Lease Contracts

A) Question of fact
B) Question of law
C) Mixed question of law and fact
D) Question of law unless an installment contract is involved in which case it is a question of fact
E) Question of fact unless an installment contract is involved in which case it is a question of law

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A) The parties are excused from performance.
B) The seller has 7 days in which to cure.
C) The seller has 10 days in which to cure.
D) The seller has 30 days in which to cure.
E) The seller has 45 days in which to cure.

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A) That the failure to meet the proper color standard was not a substantial impairment.
B) That the failure to meet the proper color standard was a substantial impairment but that it did not impair the contract.
C) That the failure to meet the proper color standard amounted to a substantial impairment of the installments substantially impairing the whole contract.
D) That the refusal to accept the potatoes was made in bad faith.
E) That the tendering of the potatoes was made in bad faith.

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A) That Ben failed to substantially perform.
B) That Ben failed to materially perform.
C) That Ben violated the perfect tender rule.
D) That Ben's beans were not that good and that she decided to go with another brand.
E) She has no defense because he was only one day late, and she should pay.

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A) Adequate goods
B) Transforming goods
C) Conforming goods
D) Reasonable goods
E) Superior goods

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C

A) Buyers and lessees may make partial acceptances at any time.
B) The buyer may make a partial acceptance when goods are nonconforming and the seller has failed to cure the defects, but a lessee may not make a partial acceptance.
C) The lessee may make a partial acceptance when goods are nonconforming and the lessor has failed to cure the defects, but a buyer may not make a partial acceptance.
D) The buyer or lessee may make a partial acceptance when goods are nonconforming and the seller or lessor has failed to cure the defects.
E) Neither buyers nor lessees may make partial acceptances because either the whole must be accepted or rejected.

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A) U.S. law is provided guidance through statutory enactments known as the Restatements of the Law, but European law relies entirely on the CISG.
B) U.S. law is provided guidance through the UCC, a federal statutory enactment, but European law relies entirely on the CISG.
C) U.S. law finds guidance in the Restatements of the Law constituting soft law, not statutory enactments; and Europe has begun crafting its own version of the U.S. Restatement of Contracts.
D) U.S. law finds guidance in the Restatements of the Law constituting soft law, not statutory enactments, but Europe has disavowed any such similar document choosing instead to rely on the CISG.
E) U.S. law finds guidance in the Restatements of the Law constituting soft law, not statutory enactments; and Europe has disavowed the CISG choosing to follow a code similar to the U.S. Restatements of the Law.

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False

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The UCC requires good faith in the perfo...

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A) The defendant effectively waived the performance provisions of the contract regarding the time for delivery.
B) The defendant did not lose any rights because under the UCC he had 24 hours after delivery in which to object to late delivery.
C) The defendant did not lose any rights because under the UCC he had 48 hours after delivery in which to object to late delivery.
D) The defendant did not lose any rights because under the UCC he had 7 days after delivery in which to object to late delivery.
E) The defendant did not lose any rights because under the UCC he had 10 days after delivery in which to object to late delivery.

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A) Notice within 1 day of delivery
B) Notice within 5 days of delivery
C) Notice within 10 days of delivery
D) There is no set time so long as notice is given prior to the time set for performance
E) Prompt notice

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The Uniform Computer Information Transac...

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A) In order to receive payment, Bruce must provide correct trophies; otherwise, he is not entitled to payment.
B) Bobby's actions effectively prevented Bruce form an opportunity to cure any defects and, therefore, Bobby's actions cannot be said to have effectively rejected the goods resulting in him owing Bruce.
C) Bobby will be required to take a 50% reduction on the price to be paid for the goods.
D) Bobby will be required to take a 30% reduction on the price to be paid for the goods.
E) Bobby will be required to take a 20% reduction on the price to be paid for the goods.

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A) That the issue of whether a reasonable time for inspection of goods has passed is generally a question of law for the judge, not the jury, to decide.
B) That an effective acceptance is not made unless the buyer affirmatively notifies the seller in writing that the goods were conforming.
C) That an effective acceptance is not made unless the buyer affirmatively notifies the seller in writing that the goods while not conforming were acceptable with appropriate deductions.
D) That an effective acceptance is not made unless the buyer affirmatively notifies the seller orally or in writing that the goods while not conforming were acceptable with appropriate deductions.
E) That a failure to reject results in liability not only for the contractual price, but also for damages suffered as a result.

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A) The seller could not exercise the right to cure once the contract time for performance had ended because the seller did not have reasonable grounds to believe that the nonconforming tender of environmental pamphlets would be acceptable to Penny.
B) The seller could likely exercise the right to cure once the contract time for performance had ended because the seller would have had reasonable grounds to believe that Penny would not have objected to the tender of the correct item at the time it was tendered.
C) The seller correctly acted to remedy the problem because he had up to 10 days under the UCC to fix any problem.
D) The seller correctly acted to remedy the problem because he had up to 20 days under the UCC to fix any problem.
E) The seller could not act to remedy the problem because he did not have assurance from Penny in writing that she would allow additional time in which to cure.

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A) The court ruled in favor of the dealership because ads can never constitute offers.
B) The court ruled in favor of the dealership because an intentional misrepresentation is needed before an ad can be considered an offer, and there was no proof of an intentional misrepresentation on the part of the dealership.
C) The court ruled in favor of the dealership on a combination of mistake and unconscionability.
D) The court ruled in favor of the plaintiff because the ad constituted an enforceable offer.
E) The court ruled in favor of the plaintiff on the basis of unilateral mistake and unconscionability.

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