Exam 11: Domestic and International Sales

The UCC defines good-faith dealings as:

In Lee v. R&K Marine, where Lee bought a new boat from R&K that fell apart in three years, the court held the warranty disclaimer invalid because the boat failed to meet normal expectations.

In Crest Ridge Construction v. Newcourt, where Newcourt demanded payment in full before delivery because Crest Ridge did not have a credit history, the court held that it would look to the dealings of the parties instead of the written contract to determine the intent of the parties.

A(n) ____ is created by a seller's promise or guarantee as to the quality, safety, performance, or durability of goods being sold.

In Lee v. R&K Marine, where a boat that Lee bought became unusable after only three years when it fell apart, and the seller had expressly disclaimed all warranties, the court held:

A seller or buyer is considered a merchant by the UCC when he:

In Lee v. R&K Marine, where Lee bought a new boat from R&K that fell apart in three years, the court held the seller not liable because the problem with the boat was caused by the manufacturer, not the seller.

To satisfy the Statute of Frauds under UCC Article 2 there must be:

Most states accept the UCC's provisions on most topics because:

With respect to warranty disclaimers, under the UCC a seller:

Unlike express warranties, implied warranties:

After a buyer breaches a contract for the sale of goods, the seller can resell the goods (or the remaining balance of the goods) to another buyer.

Under UCC Article 2, a sale must involve the transfer of the ____ to the goods involved in the sale.

Jill's ordered 1,000 boxes of white paper for use in copying machines. The Paper Company delivered 1,000 boxes of orange paper. Jill's rejected the order but had to put the boxes in storage for two weeks until Paper could get the paper and deliver the right paper. Jill's lost sales to Kingaroos while waiting for the right paper. Suing Paper, Jill's may recover:

If the buyer relies on the seller's skill or judgment to select the goods for that purpose, a(n) ____ that the goods are suited for that purpose is created.

The UCC's definition of "conspicuous" for a disclaimer is that the disclaimer is:

A good is tangible if it:

After a breach of contract by a buyer, expenses associated with stopping delivery, transporting and taking care of the goods after the breach, returning or reselling the goods are all examples of:

Under the CISG both oral and written contracts can be enforced; the judge looks to the past dealings of the parties when there is confusion.

By definition, a sale under Article 2 of the UCC requires that: