Exam 22: Performance

Amanco is to deliver to D & R Wholesalers 50 dozen wire-rim glasses frames by October 15.On October 2,Amanco delivers 30 dozen wire-rim frames and 20 dozen plastic frames.If D & R rejects the frames:

Which of the following is correct with respect to the buyer's obligation of payment?

Which of the following terms indicates a shipment contract?

Willingness by the buyer to become the owner of the goods tendered or delivered to him by the seller is:

Under the CISG,if prior to the date for performance of the sales contract it is clear that one of the parties will commit a fundamental breach,the other party may declare the contract avoided.

Mary purchased a dining room table and chairs from Baymore Co.It was defective and Baymore has tried unsuccessfully for the past four weeks to repair the defects.Mary may revoke her acceptance as long as she:

Watkins has furniture,some of which it has sold to Home Interiors,stored in Central Warehouse.It is to be delivered without being moved.In order to fulfill its obligations to tender delivery,Watkins may either tender to Home Interiors a document of title or obtain an acknowledgment by the warehouse of Home Interiors' right to possess the furniture.

In an installment contract,the buyer may reject any nonconforming installment if the nonconformity substantially impairs the value of that installment and cannot be cured.

In a "no arrival,no sale" contract,the seller is responsible to the buyer for the goods' failure to arrive.

On April 1,Marco bought a sailboat from a local marina.Though the boat was defective and did not turn about properly,Marco used it extensively all summer and it was no longer in the same condition as when it was bought.By the end of the summer,Marco had waived his right to revoke acceptance.

Tender can be made any time of the day or night when the seller feels like delivering the goods.

Acceptance of any part of a commercial unit is acceptance of the entire unit.

Edna orders a set of china from Northwestern Catalog.Northwestern sends the dishes by UPS.The contract does not specify when payment is to be made.Edna must pay when:

The CISG follows the perfect tender rule,as does the Code.

John entered into a contract with Miriam to build her a walnut dining room table for $1,000.A few days later,the price of walnut lumber increased 200%,which will result in John's incurring a $300 loss on the table.Due to the price increase,John is automatically excused from performance under the contract.

Parker agrees to sell to Thompson 500 bushels of soybeans at $9.50 per bushel.Without the fault of Parker or Thompson,200 bushels are destroyed.Thompson must take the remaining 300 bushels and pay Parker $2,850.

If a buyer accepts part of a shipment and rejects part of a shipment,he must pay for the items he keeps at the contract rate.

Rejection is ineffective unless the buyer notifies the seller.

Parties may not contractually agree to limit the operation of the perfect tender rule.

When is a buyer deemed to have accepted goods that are delivered pursuant to a contract?