Exam 11: Domestic and International Sales

The UCC, compared to the common law, prefers standard form contracts.

The subject matter of a sales contract is not considered a good under Article 2 unless:

A California winery shipped its Rotgut Red wine to the House of Wines. The wine was improperly bottled, causing the wine to blow its corks and spew wine all over Wines' carpeting. In Wines' suit against the winery, the damages to the carpet will be considered:

In a dispute with a stock broker over the sale of stock, a lawyer will ordinarily bring the lawsuit under Article 2 of the UCC.

Under the CISG, advertisements:

Ramirez contracted to buy a new truck. On the delivery date, the truck was not ready. After it was delivered, the truck had many problems that could not be fixed. Ramirez wanted to rescind the contract but the seller wanted more chances to repair. The court likely found:

Under the CISG, offers made to ____ are valid offers to make a contract.

In the event of a breach of sales contract by the seller, all reasonable costs or direct expenses associated with the delay in receiving the goods or in tracking down substitute goods are included in the:

____ means that the good "must be of a quality comparable to that generally acceptable in that line or trade."

Ordan's agreed to sell olives to Vic's. The goods were shipped Monday for Friday delivery. On Wednesday, while the goods were in transit, Vic's canceled the contract. Ordan's may:

Andrea offered to buy apricots from Aramos. The offer was for 10 tons at $1.20 per pound to be transported to Andrea's warehouse in Aramos trucks. Aramos accepted the offer, but said that the goods would be transported in Andrea's trucks. A dispute later arose and Aramos refused to sell the apricots, asserting that no contract existed. If Aramos sues, it:

____ of the Uniform Commercial Code governs the law of commercial sales.

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

Under both Article 2 and the common law, if parties intend to enter into a binding agreement, but are unable to agree to all major terms, a contract will be formed with the missing terms supplied by the parties at a later date or reasonable terms will be imposed by the court if necessary.

The title represents the:

Louisiana is the only state that has not:

The UCC operates the same as the common law in how it allows courts to fill the gaps left of contracts that have open terms.

To be a valid contract, the writing of a contract under the UCC must be complete as to:

In Crest Ridge Construction v. Newcourt, where an order for construction materials that Crest Ridge needed was rejected for failure to meet credit terms, and Crest Ridge had to find a higher-cost replacement and sued Newcourt for damages, the appeals court held that:

InQVC v. MJC America, where QVC sued for breach of contract after electric heaters delivered by MJC were shown to have defects, the trial court held that: