Question 1

In a contract for the sale of goods, the goods must correspond with:

Accepted Answer

In a contract for the sale of goods, it is essential that the goods correspond with the description understood from a course of dealings with the seller. This ensures that the buyer receives what has been promised based on previous transactions or established expectations between the buyer and the seller.

Question 2

If a contract for the sale of goods is analyzed based on the parties' course of dealing, the goods must be

Accepted Answer

The correct answer is based on the principle that when analyzing a contract for the sale of goods based on the parties' course of dealing, the expectation is that the goods will be of the same quality as those involved in past transactions between the parties. This principle helps ensure consistency and predictability in business relationships.

Question 3

Conforming goods simply means the goods __________ in an agreement.

Accepted Answer

Conforming goods are those that meet the specifications and standards agreed upon in a contract or agreement.

Question 4

Under the doctrine referred to as __________, the UCC obligates the seller to have or tender the goods, give the buyer appropriate notice of the tender, and take any actions necessary to allow the buyer to take delivery.

Accepted Answer

The correct term is "tender of delivery," which encompasses the seller's obligations under the Uniform Commercial Code (UCC) to have or tender the goods, notify the buyer appropriately, and facilitate the buyer's ability to take delivery.

Question 5

Under the perfect tender rule:

Accepted Answer

The perfect tender rule requires that the goods delivered must match the contract specifications exactly, without any deviations.

Question 6

If the seller fails to achieve perfect tender, the buyer may:

Accepted Answer

Under the Uniform Commercial Code (UCC), if a seller fails to make a perfect tender (i.e., the goods or the delivery does not conform exactly to the contract), the buyer has the option to reject the entire shipment, accept the entire shipment, or accept any commercial unit(s) and reject the rest. This gives the buyer flexibility in dealing with non-conforming goods.

Question 7

In Furlong v. Alpha Chi Omega Sorority et al, 73 Ohio Misc.2d 26 (1993), Furlong (the seller).

Accepted Answer

In Furlong v. Alpha Chi Omega Sorority, the court found that Furlong breached the express warranty and the contract by delivering nonconforming goods, specifically a different type of sweatshirt than what was agreed upon.

Question 8

If the seller has delivered goods and the buyer rejects them under the perfect tender rule, the seller has the right to repair or replace the rejected goods so long as:

Accepted Answer

Under the perfect tender rule, if the goods delivered fail to conform exactly to the contract terms, the buyer has the right to reject them. However, the seller may have the right to repair or replace the rejected goods if the time for performance has not yet expired, allowing the seller an opportunity to correct the issue and fulfill the contract terms.

Question 9

Once the time contemplated for performance has expired, the seller's right to __________ also expires.

Accepted Answer

The correct term used in legal and sales contexts when referring to the seller's right to rectify a defect or non-conformity in the goods delivered is "cure." This right allows the seller to make good on the delivery by correcting any issues, but it must be exercised within the time frame initially contemplated for performance.

Question 10

If the time for the seller's performance has not expired, the seller may cure by:

Accepted Answer

Under the Uniform Commercial Code (UCC), if the time for performance has not expired, the seller may cure a defect in the goods delivered by giving notice of intent to cure, tendering conforming goods within the contract time, and maintaining communication with the buyer regarding the cure process.

Question 11

The right to cure may exist __________ the time period for performance has come due.

Accepted Answer

The right to cure typically exists after the time period for performance has come due, allowing the party in breach to correct the issue within a reasonable time.

Question 12

The UCC provides that if the seller reasonably believes that the nonconforming goods will be acceptable to the buyer __________ a money allowance, then the seller gets additional time to cure after the time under the contract has passed.

Accepted Answer

The UCC allows the seller to cure if they reasonably believe the nonconforming goods will be acceptable to the buyer with or without a money allowance.

Question 13

Jackie, an orange supplier, contracted with Jimmy's Sushi for the delivery of 50 crates of grade B oranges. Every three months, Jackie regularly sends Jimmy's Sushi 50 crates of grade B oranges. Due to an oversight, Jackie sent Jimmy's Sushi 50 crates of grade A oranges. In this case,

Accepted Answer

The answer of Jackie, an orange supplier, contracted with Jimmy's...

Question 14

In Car Transportation Brokerage Company v. Blue Bird Body Co., the court held in favor of:

Accepted Answer

The answer of In Car Transportation Brokerage Company v. Blue...

Question 15

The UCC applies the commercial impracticability rule when the delivery or nondelivery of goods has been made impracticable by the occurrence of __________ and said event directly affects a basic assumption of the contract.

Accepted Answer

The UCC applies the commercial impracticability rule when an unanticipated event occurs, which directly affects a basic assumption of the contract, making performance impracticable.

Question 16

Commercial impracticability is a __________ doctrine.

Accepted Answer

Commercial impracticability is considered a narrow doctrine because it applies in limited circumstances where performance of a contract becomes extraordinarily difficult or unfair for one party due to unforeseen events.

Question 17

The buyer's primary obligation is triggered when the seller __________ delivery.

Accepted Answer

The buyer's primary obligation is triggered when the seller tenders delivery, meaning the seller has made the goods available to the buyer as agreed in the contract.

Question 18

Once the buyer has accepted the goods, the buyer must __________ for them in accordance with the contract.

Accepted Answer

Once the buyer has accepted the goods, they are obligated to pay for them as per the terms outlined in the contract. Negotiation is not relevant at this stage since the terms should have been agreed upon prior to acceptance.

Question 19

If the seller has shipped conforming goods as agreed, the buyer has the duty to accept them and become the owner of the goods in accordance with concepts of __________.

Accepted Answer

When a seller ships conforming goods as agreed in a contract, the buyer is obligated to accept them, and upon acceptance, the title (ownership) of the goods transfers from the seller to the buyer. This is a fundamental concept in the sale of goods, where "title" refers to the legal right to own, use, and dispose of the goods.

Question 20

FoodCo and SupplyCo contracted for FoodCo to purchase a particular amount of silverware per month. SupplyCo purchased specialty silverware from Spain to fulfill the contract and took out a significant loan to finance the purchase. Soon thereafter, FoodCo changed management and concluded that the contract was not profitable. As a result, FoodCo began to buy only 25% of its silverware from SupplyCo, which significantly reduced the revenue produced by SupplyCo and the Spanish silverware maker. If SupplyCo sues for breach of contract, what would a judge or jury likely do? Why?

Accepted Answer

The answer of FoodCo and SupplyCo contracted for FoodCo to...

Quiz 15: Performance and Cure in Sales Contracts