Question 1

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

Accepted Answer

A)  A significant drop in demand for the goods will excuse the buyer's performance. 
B)  Increased production costs will excuse performance by the seller. 
C)  Performance will be excused when it is impractical as a result of one or more unforeseen supervening events that are more than mere hardship or increased cost of performance. 
D)  There is nothing that is true impossibility of performance. 
A)  A significant drop in demand for the goods will excuse the buyer's performance. 
B)  Increased production costs will excuse performance by the seller. 
C)  Performance will be excused when it is impractical as a result of one or more unforeseen supervening events that are more than mere hardship or increased cost of performance. 
D)  There is nothing that is true impossibility of performance.

Question 2

The concept of the "right to cooperation" includes that:

Accepted Answer

A)  where one party's required cooperation is not timely, the other party is excused from any resulting delay in her own performance. 
B)  where one party's required cooperation is untimely, the other party is required to tender performance as if the first party had tendered in a timely manner. 
C)  where neither party is at fault and the agreed manner of delivery becomes impracticable, both parties are required to negotiate a new price. 
D)  if both parties are at fault in refusing to cooperate, the contract becomes void. 
A)  where one party's required cooperation is not timely, the other party is excused from any resulting delay in her own performance. 
B)  where one party's required cooperation is untimely, the other party is required to tender performance as if the first party had tendered in a timely manner. 
C)  where neither party is at fault and the agreed manner of delivery becomes impracticable, both parties are required to negotiate a new price. 
D)  if both parties are at fault in refusing to cooperate, the contract becomes void.

Question 3

Goods are to be sent from Buffalo, NY to Raleigh, NC by UPS using the delivery terms F.O.B. Buffalo, NY. Where does tender occur?

Accepted Answer

A)  Where the goods are identified. 
B)  Where the goods are shipped. 
C)  Where the goods are delivered and picked up by the buyer. 
D)  Where the goods are taken by the buyer. 
A)  Where the goods are identified. 
B)  Where the goods are shipped. 
C)  Where the goods are delivered and picked up by the buyer. 
D)  Where the goods are taken by the buyer.

Exam 20: Performance

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

The concept of the "right to cooperation" includes that:

Goods are to be sent from Buffalo, NY to Raleigh, NC by UPS using the delivery terms F.O.B. Buffalo, NY. Where does tender occur?

Introduction to Law

Business Ethics

Civil Dispute Resolution

Constitutional Law

Administrative Law

Criminal Law

Intentional Torts

Negligence and Strict Liability

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

Consideration

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Contractual Capacity

Contracts in Writing

Third Parties to Contracts

Performance Breach and Discharge

Contract Remedies

Introduction to Sales and Leases

Transfer of Title and Risk of Loss

Product Liability Warranties and Strict Liability

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Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits Collections and Funds Transfers

Relationship of Principal and Agent

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Formation and Internal Relations of General Partnerships

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Secured Transactions and Suretyship

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Introduction to Property Property Insurance Bailments and Documents of Title

Interests in Real Property

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