A) She has a right to cover only if she pays the initial watercraft seller any amount by which the cost of the watercraft used for cover was lower than the cost of the initial watercraft.
B) She has a right to cover only because she is a consumer,not a merchant.
C) She has no right to cover,and the merchant was not required to deliver the personal watercraft.
D) She has no right to cover although she may sue for damages because,while the UCC allows for installment sales,deposits are not required in the installment sale situation.
E) She has no right to cover only because she is a consumer,not a merchant.
G) A) and B)
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A) They are generally the same as lemon laws in the U.S.
B) They allow for replacement of defective parts but do not provide for a new car unless the plaintiff agrees to pay the difference between the amount received for the used car when sold and the amount charged for the new car.
C) They guarantee the buyer of a lemon a return of all consideration.
D) They guarantee a buyer of a lemon car a new car.
E) Canada does not have a lemon law such as we have in the U.S.Instead,Canada has an arbitration program through which a buyer may lodge complaints.
G) A) and B)
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A) While there is no set time limit,the UCC sometimes allows a buyer to revoke acceptance of nonconforming goods.
B) A buyer has an absolute right within 48 hours after delivery in which to revoke acceptance of nonconforming goods.
C) A buyer has an absolute right within 30 days after delivery in which to revoke acceptance of nonconforming goods.
D) Once goods have been accepted,they may not be rejected.
E) A buyer has an absolute right within 10 days after delivery in which to revoke acceptance of nonconforming goods.
G) B) and D)
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A) Specific performance was unavailable because a requirements contract was involved.
B) Specific performance was the appropriate remedy because the goods at issue were unique with no known alternative sources of supply.
C) Specific performance was unavailable because a foreign defendant was involved and jurisdiction for specific performance was,therefore,lacking.
D) Specific performance was unavailable because real estate was not involved.
E) Specific performance was unavailable because the goods at issue were scarce.
G) A) and C)
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A) The seller will not be able to proceed because the UCC statute of limitations in this case expired three years after the cause of action accrued.
B) The seller will not be able to proceed because the UCC statute of limitations in this case expired two years after the cause of action accrued.
C) The seller will be able to proceed because the UCC statute of limitations in this case would not expire for five years once a cause of action accrued.
D) The seller will likely be able to proceed because the UCC has a flexible statute of limitations that takes into account whether the seller attempted to collect or lulled the plaintiff into believing collection efforts would not be made.
E) The seller will not be able to proceed because the UCC statute of limitations in this case expired four years after the cause of action accrued.
G) D) and E)
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A) No,because the UCC requires sellers to notify buyers of a cancellation if the seller cancels the contract due to a breach.
B) Yes,because a seller always has a right to cancel a contract before performance is due.
C) No because cancelling a contract is never appropriate.
D) No because a contract can be cancelled in the event of breach only if the contract is for at least 50 units of goods.
E) No because filing a lawsuit is required before cancelling a contract.
G) A) and E)
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A) No because you can never obtain compensation for lost profits in contract cases
B) No because Josef did not breach the contract.
C) Yes,because the $1,000 is an appropriate amount of punitive damages.
D) Yes,because the $1,000 is a consequential damage of breach.
E) No because the damages are too speculative.
G) None of the above
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A) Punitive damages
B) Consequential damages
C) Nominal damages
D) Control damages
E) Remedial damages
G) A) and B)
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B) False
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A) The court awarded the plaintiff lost profits and also the value of the unsellable inventory it had due to the defendant's breach because the default measure lost profits) did not make the plaintiff whole.
B) The court awarded the plaintiff the difference between the contract price less the market price plus incidental damages based on the fact that such damages were the default measure of damages under Article 2 of the UCC.
C) The court awarded the plaintiff lost profits in addition to the difference between the contract price less the market price plus incidental damages based on the fact that all such damages were the default measure of damages under Article 2 of the UCC.
D) The court awarded the plaintiff lost profits based on the fact that lost profits are the default measure of damages under Article 2 of the UCC.
E) The court awarded the plaintiff the value of the unsellable inventory it had due to the defendant's breach and also lost profits because the default measure the difference between the contract price less the market price plus incidental damages) did not make the plaintiff whole.
G) B) and D)
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In obtaining cover,the buyer must 1)demo...View Answer
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A) She has only one year in which to return the pontoon boat and seek monetary damages to give her the benefit of the bargain,but she may not seek specific performance.
B) She has only 90 days in which to return the pontoon boat and seek either specific performance or monetary damages to give her the benefit of the bargain.
C) She may keep the pontoon boat and seek monetary damages to give her the benefit of the bargain.
D) She has only one year in which to return the pontoon boat and seek specific performance,but she cannot sue for damages.
E) She has no options in regard to recovery from the seller because she retained the pontoon boat knowing that the seller refused to grant relief.
G) D) and E)
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A) Rescission
B) Tort litigation
C) Mutual breach
D) Cover
E) Repudiation
G) A) and B)
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A) That is the only remedy Samantha will receive.
B) Samantha will be allowed to keep the $100 and is still entitled to receive $400 from Samantha.
C) The $100 will be deducted from the $400 Maddie owes leaving Maddie owing Samantha $300.
D) Because of the extra work involved,Samantha will be required to deduct only half of the $100 from Maddie's debt,leaving Maddie owing $350.
E) After the $100 is deducted,Samantha and Maddie will be required under the UCC to split the difference leaving Maddie owing $150.
G) B) and C)
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A) That consequential damages may be limited or excluded entirely unless any type of breach of warranty is involved in which case consequential damages may be neither limited nor excluded.
B) That consequential damages may be limited or excluded unless the limitation or exclusion benefits one party over the other.
C) That consequential damages may be limited or excluded entirely unless any type of breach of warranty is involved in which case consequential damages may be limited but not excluded.
D) That consequential damages may be limited or excluded unless the limitation or exclusion is unconscionable.
E) That consequential damages may be limited but not excluded entirely.
G) A) and E)
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B) False
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A) No,because the UCC requires sellers to notify buyers within 100 days of reclaiming the goods in the event of a breach.
B) No because reclaiming the goods is appropriate in the event of breach only if the contract is for at least 50 units of goods.
C) Yes,the UCC permits a seller to reclaim goods from an insolvent buyer.
D) No because reclaiming the goods is permitted only if the quantity shipped is a large shipment.
E) No because filing a lawsuit is required before reclaiming the goods.
G) B) and C)
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B) False
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B) False
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A) The UCC recognizes the right of buyers to cover,or substitute,goods for those due under a sales agreement.
B) The UCC recognizes the right of cover in regard to the right of sellers to cover transactions involving installment sales with financing statements.
C) The UCC does not recognize any concept called a right to cover.
D) The UCC recognizes the right of sellers to resell goods to other buyers in order to cover contractual obligations.
E) The UCC recognizes that sellers have a right to cover and find substitute buyers in the event of a breach of contract.
G) D) and E)
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