Exam 18: Performance and Breach of Sales and Lease Contracts

Kramer goes to Lawn & Garden to tune up his mower. Martin, the service technician, learns that Kramer's lawn is overgrown and rocky and advises the use of a certain type of oil, plug, filter, and blade. Later, while Kramer is mowing his lawn, the mower breaks down due to the use of the items recommended by Martin. Kramer may recover from Lawn & Garden for breach of

Fruited Plain, Inc., agrees to sell high-quality grain seed to Grange Co-op. Because only half of the quantity ordered is available, Fruited Plain ships a lesser quality seed in twice the amount of the remainder of the order for the same price. Grange Co-op rejects the lesser quality seed. With time for performance not yet expired, Fruited Plain can

Acceptance of goods precludes the buyer or lessee from exercising the right of rejection.

Precision Parts, Inc., and QuikFix Auto stores enter into a contract for a sale of specific auto parts. Precision Parts ships parts that do not meet the specifications. QuikFix Auto

Fact Pattern 18-1 ​Daily Bread Bakeries, Inc., contracts to buy all of its ingredient requirements for bread making, at a certain minimum per year, from Enriched Flour & Grain Corporation for six years. After three years, Daily Bread tells Enriched that it plans to sell its assets to Flat Bread Shops, Inc. Flat Bread refuses to assure Enriched that it will continue Daily Bread's contract. -Refer to Fact Pattern 18-1. Flat Bread's refusal is

A seller or lessor can disclaim all oral express warranties by including in the contract a written disclaimer.

MotorCo Inc. makes and sells auto parts to retail repair services, vehicle sales outlets, and consumer parts stores. On one MotorCo box is a label that reads "Contains one gross (144) sparkplugs, assorted sizes." This statement is

On May 1, Garage Prefabricators, Inc., agrees to sell four portable garages to Hiway Truck Service Center. Five days later, Hiway refuses delivery and cancels the contract. Garage Prefabricators is entitled to​

Stella bought a cup of coffee at the Roasted Bean Drive-Thru. The coffee had been heated to 190 degrees and consequently had dissolved the inside of the cup. When Stella lifted the lid, the cup collapsed, spilling the contents on her lap. To recover for third-degree burns on her thighs, Stella filed a suit against the Roasted Bean. Can Stella recover for breach of warranty? Explain.

A buyer's failure to cover will bar him or her from using any other remedies available under the UCC.

Roadway Paving Company contracts to buy some paving equipment from Stonework Earthmovers, Inc. Before either party performs, Stonework sells its assets to T-Square Corporation. On learning of the sale, Roadway is concerned about its contract with Stonework. Roadway should​

If a buyer repudiates a contract, the seller can bring an action to recover damages.