Exam 22: Performance

The Code provides that where neither party is at fault and the agreed manner of delivering the goods becomes commercially impracticable,a substituted manner of performance,if commercially reasonable,must be tendered and accepted.

The Elm Street Accounting Partnership has ordered two maroon office chairs for its waiting room from the Quality Office Supply Company.Quality sends two burgundy-red office chairs that the Elm Street partnership rejects.What,if any,rights does Quality have under the circumstances? Explain.

Unless otherwise agreed,the buyer has the right to inspect the goods before making payment.

Which of the following is correct with respect to the Code's approach to impossibility of performance?

Revocation following an acceptance of the goods gives the buyer fewer rights than he would have had if he had at first rejected the goods.

If no definite time for delivery is fixed by the terms of the contract,delivery:

If an anticipatory repudiation substantially impairs the value of the contract,the aggrieved party may:

In a contract that provides that the sale is F.O.B.Chicago,the seller must at his own expense and risk transport the goods to Chicago and there tender delivery to the buyer.

Pedro ordered a custom-made suit from Rooks & Sons to be delivered by Friday at 5 p.m.When it is delivered to his office on Friday afternoon,he is in conference with a client.His secretary hangs the suit in the office closet.When Pedro tries on the suit Saturday evening,he discovers that the pants are cuffed.He had ordered cuffless trousers,so he called Rooks & Sons on Monday and informed them that he was returning the suit.What can he do?

On June 1,Supertread Tire Company entered into a contract to provide 100 tires per month to ZYX Cycle Company at $30 per tire for the next two years.The October shipment consisted of 100 badly defective tires.ZYX Cycle Company:

Drapery Makers has signed a contract to make and sell to Hyer curtains for 20 windows by March 31.Hyer,however,delays in giving Drapery Makers the dimensions it needs to know in order to do the work.In this case,Drapery Makers:

The buyer's payment or tender of payment,unless otherwise agreed,is a condition to the seller's duty to tender and to complete delivery.

Sam agrees to sell Jaden one 18-cubic-foot,yellow refrigerator for $1200.It is to be delivered to Jaden's home on July 7.Under the perfect tender rule,which one of the following cases would be a rightful rejection of the goods?

A merchant receives nonconforming goods,rightfully rejects and appropriately notifies the seller,but the seller has no agent in the buyer's city.The goods are perishable and will decline in value speedily.The merchant buyer has no further duty to the seller other than to await the seller's instructions.

A buyer in Atlanta enters into a sales contract with a seller in Chicago.If the contract does not mention the place for delivery of the goods,the place of delivery will be:

A buyer who sells rejected goods on behalf of the seller is entitled to reasonable expenses not to exceed five percent of the gross proceeds.

The seller's tender of performance does not have to conform to the Code's perfect tender rule.

Unless the contract specifies otherwise,goods may be tendered in installments.

If the goods or the tender of delivery fail in any respect to conform to the contract,the buyer may:

Under the ____,a buyer may reject goods for even the slightest defect.