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For businesses that operate in the global economy,which of the following types of clauses would be advantageous to include in a contract in order to avoid conflict?


A) Choice-of-law and forum-selection clauses,but not choice-of-language clauses.
B) Choice-of-language and choice-of-law clauses,but not forum-selection clauses.
C) Choice-of-language,forum-selection and choice-of-law clauses would be more harmful than helpful in a sales contract in the global economy.
D) Choice-of-language,forum-selection and choice-of-law clauses.
E) Choice-of-language and forum-selection clauses,but not choice-of-law clauses.

F) A) and B)
G) A) and C)

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Which of the following items would not be considered a "good" under the UCC?


A) A book that has been copyrighted and sold to a bookstore.
B) Trees cut from a parcel of land to be turned into paper.
C) The copyright of a best-selling novel.
D) Light bulbs to be placed in a skyscraper.
E) A box of hammers,with a value of $499.

F) C) and D)
G) A) and E)

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The parol evidence rule aims to protect sales or lease contracts that the parties intend to be the final expression of their agreement.

A) True
B) False

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Under Article 2A.of the UCC which of the following is defined as a transfer of the right to possession and use of goods for a term in return for consideration?


A) A rental
B) A consignment
C) A transfer
D) A lease
E) A sale of goods

F) B) and E)
G) B) and D)

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What legal concept aims to protect sales or lease contracts that the parties involved intend to be the final expression of their agreement?


A) Statute of frauds
B) Final evidence regulation
C) Parol evidence rule
D) Anti-oral evidence rule
E) End evidence rule

F) A) and B)
G) A) and C)

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When courts interpret sales and lease contracts,how do they prioritize the combination of the following four factors?


A) 1) Express terms,2) Course of dealing,3) Course of performance,and 4) Usage of trade
B) 1) Course of performance,2) Course of dealing,3) Express terms,and 4) Usage of trade
C) 1) Express terms,2) Usage of trade,3) Course of dealing,and 4) Course of performance
D) 1) Express terms,2) Course of performance,3) Course of dealing,and 4) Usage of trade
E) 1) Usage of trade,2) Course of performance,3) Course of dealing,and 4) Express terms

F) C) and E)
G) A) and D)

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Which of the following is true regarding what meets the UCC definition of a good?


A) Corporate stocks,real estate,and copyrights meet the definition of a good under the UCC,but trade fixtures do not.
B) Real estate,trade fixtures,and corporate stocks meet the definition of a good under the UCC,but copyrights do not.
C) Trade fixtures meet the definition of a good under the UCC,but real estate,corporate stocks,and copyrights do not.
D) Copyrights meet the definition of a good under the UCC,but real estate,corporate stocks,and trade fixtures do not.
E) Real estate,corporate stocks,copyrights,and trade fixtures all meet the definition of a good under the UCC.

F) C) and D)
G) All of the above

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Which of the following was the result in the case in the text,Novamedix,Limited v.NDM Acquisition Corporation and Vesta Healthcare,Inc. ,in which the plaintiff claimed that a settlement agreement was a contract for the sale of goods breached by the defendant because a type of medical slipper involved in the settlement agreement could not be resold?


A) That the transaction would not be treated as a contract for the sale of goods because it was a mixed type of transaction.
B) That the transaction would be treated as a contract for the sale of goods because it was a mixed type of transaction.
C) That the transaction would not be treated as a contract for the sale of goods because of the involvement of medical treatment issues.
D) That the transaction would not be treated as a contract for the sale of goods because the predominant purpose of the settlement agreement was to settle a patent infringement lawsuit.
E) That the transaction would be treated as a contract for the sale of goods because the essential nature of the agreement was the exchange of slippers for the release of a legal right.

F) C) and D)
G) A) and B)

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Which of the following was offered as a treaty that countries could sign in order to indicate their willingness to allow this treaty to govern international business-to-business sales contracts?


A) The United Nations Convention on Contracts for the International Sale of Goods
B) The International Convention of Contracts for International Sales
C) The Worldwide Federation Convention on the Sale of Goods
D) The Federation Convention on the Uniform Commercial Code
E) The International Agreement on the Sale of Goods

F) A) and B)
G) C) and E)

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Land and service contracts are governed by common law,not the UCC.

A) True
B) False

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Which of the following is a special type of lease?


A) Consumer and finance but not terminal
B) Finance but not consumer or terminal
C) Terminal but not finance or consumer
D) Terminal and finance but not consumer
E) Consumer but not finance or terminal

F) None of the above
G) A) and E)

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Under Article 2 of the UCC,which of the following consists of the passing of title from the seller to the buyer for a price?


A) A lease
B) A transaction
C) A transfer of use
D) A negotiated transfer
E) A sale

F) None of the above
G) A) and C)

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A contract or contract provision is said to be ________ if it is so unfair that a court would be unreasonable if it enforced the contract.


A) Voidable
B) Unreasonable
C) Ancillary
D) Unconscionable
E) Viable

F) B) and C)
G) C) and D)

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Under the UCC,when is an acceptance effective?


A) When dispatched only if the U.S.mail is used,otherwise on receipt.
B) When dispatched.
C) When received only if acceptance by electronic means is made,otherwise on dispatch.
D) When received.
E) When dispatched only when the telephone is used,otherwise on receipt.

F) A) and C)
G) B) and E)

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In what year was the UCC created?


A) 1935
B) 1943
C) 1980
D) 1964
E) 1952

F) B) and D)
G) D) and E)

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If a court discovers that a contract or lease provision or the contract or lease as a whole is unconscionable,what actions does the UCC provide for the court to take?


A) The court either can refuse to enforce the contract or lease or can enforce the parts of the contract or lease that are fair.
B) The court has no power to enforce the lease and must award the innocent party punitive damages.
C) The court can only refuse to enforce the contract or lease in total.
D) The contract is void.
E) The court can only refuse to enforce the parts of the contract or lease that are unfair.

F) None of the above
G) A) and B)

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The UCC pertains to all business transactions.

A) True
B) False

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Which of the following is true regarding the modification to the agreement involving the belts added to the order at no extra charge?


A) The modification is enforceable because the UCC requires only that modifications be made in good faith.
B) The modification is enforceable because although the UCC requires consideration for modifications,the desire to maintain good will satisfies the requirement of consideration.
C) The modification is not enforceable unless it can be shown that the dresses were designed to have a belt.
D) The modification is not enforceable because no additional consideration was given.
E) The modification is not enforceable because the initial contract involving the sale of the dresses is not enforceable.

F) None of the above
G) All of the above

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Which of the following is true regarding whether the agreement between Lara and Kim for the sale of dresses satisfied the writing requirement of the UCC?


A) The agreement is likely binding because under the UCC,if two merchants have an oral agreement,a written memo from either party to the other is deemed to satisfy the statute of frauds,even if it is not acknowledged by the receiving party.If it is not objected to within 10 days of receipt,the oral agreement,memorialized by the memo,is binding.
B) The agreement is not binding because Lara did not send Kim a registered letter memorializing the oral conversation as is required by the UCC.
C) The agreement is binding because the UCC has no requirement of a writing under any circumstances.
D) The agreement is likely binding because under the UCC,if two merchants have an oral agreement,there is no requirement of a writing so long as another witness is willing to confirm that within 10 days of the agreement,one of the parties memorialized the agreement by a memorandum to the file,even if it was not sent to the other party.
E) The agreement is not binding because Kim never signed anything by which she agreed to the terms of the oral agreement.

F) B) and C)
G) A) and B)

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Under the UCC,when will additional terms negate acceptance of a sales contract?


A) When acceptance is made expressly conditional on assent to the mirror image rule.
B) When acceptance is made expressly conditional on assent to the parol evidence rule.
C) Adding terms to a sales contract always cancels acceptance of a contract.
D) When acceptance is made expressly conditional on assent to the additional terms.
E) Additional terms never cancel the acceptance of a sales contract.

F) B) and E)
G) B) and D)

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