Exam 16: Formation of Sales, Lease, and E-Contracts

The "battle of the forms" refers to the situation where a merchant buyer and merchant seller each use its own standard form contract in the contract formation process,and the law must determine which,if either,controls.

If the parties to the contract do not set a specific time of performance for any obligation under the contract,the contract must be performed within which of the following?

Which of the following situations creates a sale that falls under UCC sales law rules?

Under Article 2 of the UCC,if a purported acceptance to an offer contains additional terms:

All states have adopted all,or a major part of Article 2 of the UCC.

Under the UCC,a contract is invalid under all circumstances if it does not state a price.

A lessor is the person who transfers the right of possession and use of goods under the lease.

Which is the correct priority,from first to last,of the three types of evidence under the UCC that a court will consider as an exception to the parol evidence rule when trying to clear up an ambiguity in a contract?

Revised Articles 2 and 2A now include provisions regarding electronic contracting.

Both sales and service contracts are covered by the Article 2 of the UCC.

A "firm offer" may be made by a non-merchant seller.

James and Matt are retailers in musical instruments.They trade,sell and buy all sorts of musical instruments.James sends an offer to Matt.James offers to sell to Matt a limited edition baby grand piano,for $10,000.Matt sends an e-mail to James saying that he will buy the piano,but that James must tune the piano.James delivers the piano without it being tuned,is James under an obligation to tune the piano?

Under the UCC,a court can find that a contract exists even though the court cannot determine exactly when the contract came into existence.

Article 2 of the UCC contains some provisions that either apply only to merchants or impose a greater duty or merchants.

Lewis owns an electronics store.On May 1,Marilyn comes into the store and sees a 60-inch television that she likes for $1,000.Marilyn is unsure about purchasing the television.Lewis offers to sell the television to Marilyn for $800 and that the offer will be good until June 1.Lewis writes out the offer and signs it.On May 15,Ann comes into the electronics store and Lewis sells Ann the 60-inch television for $1,000.On May 20,Marilyn returns to the store and tenders $800 to Lewis for the television.Lewis tells Marilyn he has already sold the television.Marilyn then has to buy the same television at another store for $1,200.Does Marilyn have a cause of action for breach of contract? If so,for how much?

Sara has graduated law school and passed the bar so she is setting up her office.She calls a rug installer and a carpenter to have her office carpeted and to have custom built desk constructed.Her office is oval so the rug will need to be custom cut and fitted and the door is such that normal desks cannot fit through so she needs one made in pieces that would be constructed inside the office.She is also 4' 11" so she wants the desk sized to fit her.Both contracts are for over $500 and are oral.When the workmen arrive with the cut rug and the desk in pieces,she informs them that she has changed her mind,doesn't want what they agreed to provide and won't pay.She has invoked the Statute of Frauds to terminate the contract.If she is sued will she be successful?

Under the UCC what is the difference between a sale and an ordinary lease?

Under the UCC,electronic agents allow for sale and lease contracting of goods over the Internet.

In order for a lease to be covered by Article 2A of the UCC,the lease must be for a period of at least a year.

The UCC's Statute of Frauds applies to contracts for the sale of goods costing $500 or more and to lease contracts involving payments of $1,000 or more.