Exam 11: Domestic and International Sales

In Orkal Industries v. Array Connector, where Orkal bought parts from Array by sending an order form, but Array confirmed with its own form that contained different terms. Orkal did not object to the different terms until litigation arose later at which point the added terms mattered. The courts held that under the UCC:

"Shrinkwrap" agreements that come attached to products have no legal validity.

With respect to parol evidence and the UCC:

The (higher) price paid by a buyer for substitute goods in the event of a breach by a seller is called:

Under the UCC, the seller's basic obligation includes being concerned with:

When a seller agrees to supply all of the goods needed by a buyer, it is called a requirements contract.

Under the UCC, a buyer's damages are to put the buyer in as good a position as if the seller had performed the contract. The buyer is allowed to seek incidental damages for recovery of those costs resulting from the breach. Incidental damages include:

Article 2A is a recent addition to the UCC that extends it to cover the sale of real estate in commercial transactions.

Balls, Inc. sells all baseballs needed by Major League Baseball (MLB). MLB agrees that prices and quantities will be determined at the beginning of each year. After 4 years, MLB decides its needs fewer balls and demands it be allowed to buy less. Balls demands MLB buy as much as in years before. If MLB sues under the UCC it will likely:

Under the common law, contract modifications must be supported by new consideration to be binding on the parties. Under UCC Article 2:

China's Uniform Contract Law essentially copies the UCC.

Incidental damages awarded to a seller after a buyer's breach of contract can include compensation for which of the following:

When reclaiming and reselling goods does not fully compensate a seller for a buyer's breach of contract, damages are the remedy. Damages are to put the seller in as good a position as if the buyer had fulfilled its obligations. The seller is also allowed to seek incidental damages for recovery of costs resulting from the breach. Those costs may include expenses for:

Under the common law, contract modifications must be supported by new consideration to be binding on the parties. Under UCC Article 2:

Under the UCC, a merchant is not one who:

Under the CISG, contracts:

A seller can breach a sales contract in which of the following ways:

The UCC follows a different parol evidence rule than does the common law of contracts.

Every state except ____ has adopted UCC Article 2.

Baumer, a North Carolina resident, orders some furniture for his home directly from an Internet-based seller in China. No law is specified to control in case of dispute. The furniture turns out to be garbage and Baumer sues the seller. The law that will be applied is: