Exam 11: Domestic and International Sales

Under the UCC, the court will determine a reasonable price in case a contract is unclear about price and the parties cannot agree.

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.

Which of the following is a way in which the buyer may default on contractual obligations:

Language that attempts to dismiss an express warranty is ____ when the disclaimer is inconsistent with the warranty.

Article 2A of the UCC, recently adopted by most states, expands the UCC to cover:

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:

If the parties to a sale under the UCC do not specify when the title to the goods passes, then, assuming the goods did not have to be moved, title passes to the buyer when:

If a seller knows that a buyer has a particular purpose for purchasing a good, and the buyer relies on the seller's skill or judgment in selecting a good, an implied warranty of fitness for a particular purpose may be created.

Under the common law, the seller's tender of delivery is required to conform in detail to the terms of the agreement between the parties. In the absence of perfect tender, the buyer can reject that part of shipment that does not conform and accept the remainder.

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

Under the UCC, merchantable means that goods must be of a quality comparable to:

The CISG looks to the citizenship of the owners of a business, not where the business may happen to have an operation, to determine nationality in commercial contracts.

Under the common law, buyers may reject goods that do not conform to the contract. The UCC provides the seller with opportunities (limited) to cure the problem.

The UCC modifies the common law perfect tender rule by:

If the parties to a sale under the UCC do not specify when the title to the goods passes, then, assuming goods have to be shipped, title passes to the buyer when:

A disclaimer of an implied warranty is permitted if the disclaimer uses the word merchantability and the disclaimer:

Under the CISG, advertisements:

If the buyer is willing to accept nonconforming goods:

Under the common law of contracts, unlike under Article 2, an acceptance may not deviate from the terms of the offer without being either a rejection or a counteroffer.

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. Is there a contract between the parties?