Exam 11: Domestic and International Sales

Which of the following sales could not fall under the CISG:

A(n) ____ is a statement or representation made by a seller that goods conform to certain standards of quality, safety, performance, and title.

Lisa mailed an offer to sell cotton to Jeff who sent an acceptance. However, Jeff made changes in the time and place of delivery. Under the UCC's Article 2:

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

Which of the following is not true, under UCC Article 2, about a merchant's firm offer:

The title represents the:

Sales law developed in medieval Europe was known as:

In Griffith v. Clear Lakes Trout, where a dispute arose over "market size" trout, the court held that it would look to the history of the dealings between the parties to see what they believed, in practice, to be the proper size of the fish.

If the buyer relies on the seller's skill or judgment to select the goods for a unique purpose, an express warranty of merchantability may be created.

A buyer and seller have been doing business for months without a formal contract. Every Monday, the seller delivers supplies to the buyer's business. Every Thursday, the buyer pays the invoice by mail. Difficult times arrive. The buyer fails to make payment and the seller sues for breach of contract. Is there a contract?

In Kramer v. ATW Axtell Tech, where Kramer bought Internet service equipment from ATW that did not work as well as advertised, the courts held that the award of repair costs, consequential damages, and lost profits were all justified.

According to Article 2's statute of frauds provision, all written contracts under the UCC must specify all terms of the contract.

Like the common law, the UCC provides that the parties must exchange new consideration to modify an existing sales contract.

A(n) ____ is one in which a seller agrees to provide all of a certain good that a buyer needs.

When a seller fails to deliver goods, either by being too late to be useful or because the goods are nonconforming, the buyer is entitled:

If goods do not conform to the standards created by the warranty:

In Griffith v. Clear Lakes Trout, Griffith grew trout for Clear Lakes; the parties got into a dispute over what were "market size" trout, as Clear Lakes wanted larger fish. The court held that:

If the buyer breaches a UCC contract while the goods are still in the possession of the seller, the seller is authorized to:

If parties to the sale of goods under Article 2 fail to state when title passes, then it is presumed to pass when the goods are manufactured and ready for shipment.

During negotiations, the seller may induce the buyer to buy goods by making claims or by taking other actions. When those statements or actions relate to the quality, condition, or performance of the goods, the seller creates an express warranty.