Exam 26: Obligations and Performance

A buyer has the right to accept some commercial units of a shipment and reject other commercial units.

When goods are shipped COD:

If a contractually-specified mode of transportation is not available,the:

In a cash sale not requiring the movement of goods,each party has the right to demand that the other perform at the same time.

A buyer always has a right to examine the goods to determine if,in fact,the goods conform to the contract.

The UCC imposes a higher degree of good faith on a merchant seller or buyer of goods than on a nonmerchant seller or buyer of goods.

The standard for determining commercial impracticability is objective,not subjective.

A party to a sales contract who is afraid that the other party will not perform may seek to gain additional confidence by demanding some form of:

Substantial impairment:

Substantial impairment requires proof that goods are worthless.

If appropriate assurance is not given in response to a demand for assurance of performance,the demanding party may:

The standard for commercial impracticability is:

In a cash sale that does not require the physical moving of the goods,the:

The person on whom a demand for assurance is made must reply in writing for the assurance to be deemed "adequate."

The obligation of all parties to perform in good faith is the same because everyone is required to be honest.

When a buyer demonstrates in some way that the goods conform to the contract,the buyer has made a(n):

The obligations of the parties to a sales contract include:

A delivery is sufficient if it is made in accordance with the terms of the contract to sell.

Once goods have been accepted:

Upon a seller's tender of nonconforming goods and the buyer's rejection of them,the transaction has ended.