Exam 23: Sales Remediespart V: Negotiable Instruments

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The recovery for a lessee's wrongful repudiation of a lease is the difference between the present values of the old rent due under the original lease and the market rent.

(True/False)
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An aggrieved seller who resells wrongfully rejected goods is accountable to the original buyer for any profit made on the resale.

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As the result of a seller's breach, a buyer may ask for incidental damages.Incidental damages include costs incurred in:

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Massey Fabrications sells some equipment to Keiser Co., warranting its suitability for Keiser's purpose.The equipment, which is not suitable for Keiser's purpose, causes $5,000 in damage to Keiser's property and $12,000 in personal injuries.Keiser can recover $17,000 in consequential damages.

(True/False)
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Which of the following remedies are mutually exclusive and could not be obtained simultaneously?

(Multiple Choice)
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A lessor retains title to the goods and has the right to recover possession of them upon default by the lessee.

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When the buyer breaches a sales contract, if the difference between the contract price and the market price will not place the seller in as good a position as performance would have, then the seller may recover the lost profit.

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When existing goods are identified to the contract of sale, the buyer acquires a special property interest in the goods.

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The Code permits the seller to recover the price plus incidental damages in which of the following situation(s)?

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Denver has rightfully rejected nonconforming goods that were delivered to him.Explain his interest in those goods in his possession and his rights and duties regarding the goods.

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Vandehal Company's total liabilities are $520,000 and its total assets are $460,000, and the company is unable to pay debts as they become due.Vandehal's situation falls within the bankruptcy meaning, but not the Code's definition, of insolvency.

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A seller's incidental damages for a buyer's breach would include all but which one of the following?

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Under the CISG, avoidance of a contract cancels any provision for settlement of disputes.

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Under the CISG, if the buyer fails to perform contractual obligations, the seller may require the buyer to:

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A buyer who does not cover is precluded from consequential damages that could have been prevented if the buyer did obtain cover.

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Damages a buyer may recover for loss resulting from requirements, the needs of which the seller had reason to know at the time of contracting and which could not reasonably be prevented by cover, are:

(Multiple Choice)
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Breach of one installment of an installment contract never gives rise to breach under the whole contract.

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Which of the following would not be a remedy available to the seller on account of buyer's breach?

(Multiple Choice)
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Since the purpose of remedies under the Code is compensation, punitive damages are generally available.

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The amount of liquidated damages included in a contract that would be upheld by a court:

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