Question 1

Once the time for performance under the contract has expired,the seller or lessor can never exercise the right to cure.

Accepted Answer

The seller or lessor may still have the right to cure if the buyer or lessee agrees to an extension or if the contract allows for a reasonable time to cure after the performance period has expired.

Question 2

There are no circumstances under which a contract can be tendered by multiple deliveries of goods.

Accepted Answer

A contract can be tendered by multiple deliveries of goods if specified in the contract.

Question 3

The term cure refers to the right of the buyer to reject,adjust,or replace nonconforming goods.

Accepted Answer

False

Question 4

An installment contract is breached if a buyer accepts any nonconforming goods.

Accepted Answer

The answer of An installment contract is breached if a...

Question 5

A shipment contract requires that the seller deliver the goods to a particular location.

Accepted Answer

A shipment contract requires the seller to deliver the goods to a carrier, not to a particular location. The risk of loss passes to the buyer once the goods are with the carrier.

Question 6

In contracts involving a carrier,a seller can complete performance through a shipment contract or a destination contract.

Accepted Answer

In a shipment contract, performance is completed when the carrier delivers the goods to the buyer, while in a destination contract, performance is completed when the goods are delivered to a specific destination agreed upon by the buyer and seller.

Question 7

Under the UCC,if a contract does not designate the place of delivery for the goods,then the goods must be made available at a location halfway between the seller's and the buyer's places of business.

Accepted Answer

Under the UCC, if a contract does not designate the place of delivery for the goods, the default rule is that the goods must be delivered at the seller's place of business, unless otherwise agreed upon by the parties or implied by the circumstances. There is no requirement for the goods to be made available at a location halfway between the seller's and the buyer's places of business.

Question 8

An installment contract is a single contract that requires or authorizes delivery in two or more separate lots to be paid for in one payment.

Accepted Answer

An installment contract requires or authorizes delivery in two or more separate lots to be paid for in multiple payments.

Question 9

If the goods or their tender fail to conform to the contract,the buyer can accept part and reject part.

Accepted Answer

According to the Uniform Commercial Code (UCC) Section 2-601, if there is a non-conformity in the goods or their tender, the buyer has the right to accept the conforming part and reject the non-conforming part. This is known as the right of partial acceptance and rejection.

Question 10

Under the UCC,a seller's tender of goods that do not conform in every way to a contract is still a valid tender.

Accepted Answer

The answer of Under the UCC,a seller's tender of goods...

Question 11

Under the perfect tender rule,if tender is not perfect,the seller is obligated to try again.

Accepted Answer

The answer of Under the perfect tender rule,if tender is...

Question 12

The seller's or lessor's major obligation under a sales contract is to tender conforming goods to the buyer or lessee.

Accepted Answer

This is because the seller or lessor is obligated to provide goods that meet all the requirements specified in the sales contract. These requirements include the quantity, quality, and description of the goods, among others. If the goods are not conforming, the buyer or lessee may have the right to reject them or seek damages.

Question 13

The doctrine of commercial impracticability only extends to problems that are unforeseen.

Accepted Answer

The doctrine of commercial impracticability applies when performance becomes impracticable due to an unforeseen event or circumstance, such as a natural disaster or government regulation. If the problem was foreseen or could have been anticipated, then the parties are expected to have included provisions for such events in their agreement or to have taken steps to mitigate the impact of the event.

Question 14

The duty of good faith is imposed on the parties involved in commercial contracts by the Uniform Commercial Code.

Accepted Answer

The Uniform Commercial Code (UCC) imposes a duty of good faith and fair dealing upon parties involved in commercial contracts, specifically in Article 2. This duty requires parties to act with honesty in performance and enforcement of the contract, and to refrain from conduct that would injure the other party's right to receive benefits under the contract.

Question 15

Until the time for performance under a contract expires,the seller has a right to cure.

Accepted Answer

The right to cure allows the seller to fix any non-conforming goods or services before the deadline for performance expires. This is a common provision in contracts to give the seller an opportunity to correct any issues and still fulfill their contractual obligations.

Question 16

If a contract specifies a certain carrier,a substitution of a different carrier for any reason breaches the contract.

Accepted Answer

The answer of If a contract specifies a certain carrier,a...

Question 17

Tender of delivery requires that the seller or lessor hold the goods at the buyer's or lessee's disposal,but not that the goods be conforming.

Accepted Answer

Tender of delivery refers to the act of making the goods available to the buyer or lessee. It does not imply that the goods are conforming, and it is the buyer's or lessee's responsibility to inspect them and accept or reject them accordingly.

Question 18

An installment contract is breached if a buyer accepts any nonconforming goods.

Accepted Answer

The answer of An installment contract is breached if a...

Question 19

Under the UCC,there are no exceptions to the perfect tender rule.

Accepted Answer

The UCC does provide some exceptions to the perfect tender rule, such as the seller's right to cure a non-conforming delivery within a reasonable time, or if the parties agree to allow for a certain level of non-conformity in the contract.

Question 20

Tender must occur at a reasonable hour and in a reasonable manner.

Accepted Answer

This is a requirement of most tender processes to ensure fairness and accessibility for all interested parties.

Quiz 15: Performance and Breach of Sales and Lease Contracts

Once the time for performance under the contract has expired,the seller or lessor can never exercise the right to cure.

There are no circumstances under which a contract can be tendered by multiple deliveries of goods.

The term cure refers to the right of the buyer to reject,adjust,or replace nonconforming goods.

An installment contract is breached if a buyer accepts any nonconforming goods.

A shipment contract requires that the seller deliver the goods to a particular location.

In contracts involving a carrier,a seller can complete performance through a shipment contract or a destination contract.

Under the UCC,if a contract does not designate the place of delivery for the goods,then the goods must be made available at a location halfway between the seller's and the buyer's places of business.

An installment contract is a single contract that requires or authorizes delivery in two or more separate lots to be paid for in one payment.

If the goods or their tender fail to conform to the contract,the buyer can accept part and reject part.

Under the UCC,a seller's tender of goods that do not conform in every way to a contract is still a valid tender.

Under the perfect tender rule,if tender is not perfect,the seller is obligated to try again.

The seller's or lessor's major obligation under a sales contract is to tender conforming goods to the buyer or lessee.

The doctrine of commercial impracticability only extends to problems that are unforeseen.

The duty of good faith is imposed on the parties involved in commercial contracts by the Uniform Commercial Code.

Until the time for performance under a contract expires,the seller has a right to cure.

If a contract specifies a certain carrier,a substitution of a different carrier for any reason breaches the contract.

Tender of delivery requires that the seller or lessor hold the goods at the buyer's or lessee's disposal,but not that the goods be conforming.

An installment contract is breached if a buyer accepts any nonconforming goods.

Under the UCC,there are no exceptions to the perfect tender rule.

Tender must occur at a reasonable hour and in a reasonable manner.