Exam 20: Performance

Les contracts to the sell and deliver to Chan 300 rolls of insulation.Unless the parties agree otherwise,Les must tender all 300 rolls in a single delivery,and Chan's payment is due at the time of the tender.

Whitaker has reasonable grounds for believing Crosslin will not perform his obligations under their contract.Discuss what Whitaker might do if their contract is governed by: (a)the UCC and (b)the CISG.

Whitley ordered 800 Christmas trees from North Pines Tree Farm to be delivered on November 24.When the trees arrive,the North Pines must accept tender of payment by any means or in any manner current,such as a check,in the ordinary course of business unless North Pines demands cash and allows Whitley a reasonable time within which to obtain it..

J & J Co.offers a "subscription" for baby toys to be delivered every two months from the birth of a child.Payment must be made within two weeks of delivery.The Markham family accepted the J & J plan when their son,Timmy,was born.When Timmy was four months old,one J & J toy arrived smashed to pieces.Markham:

In most sales,the buyer has the right to inspect the goods before he pays.

In their contract for the sale of window shades,Lela Window Treatments,Inc.and Shane agree that Lela will have the right to replace any defective goods that are delivered to Shane.This contractual provision will not have any effect because the perfect tender rule of the UCC will control in a sale of goods transaction.

In a sale of goods,the seller's tender of performance does not have to conform to the Code's perfect tender rule.

Seller,through no fault of its own,is unable to deliver the goods to buyer because the agreed type of carrier is unavailable.Explain what the Code requires.

The CISG:

If the goods or the tender of delivery fail in any respect to conform to the contract,the buyer may:

The buyer's rejection of nonconforming goods or tender is rightful under the perfect tender rule.

If no place of tender is indicated by the contract,delivery is presumed to be made at seller's place of business.

Which of the following illustrates a shipment contract?

In the absence of agreement,payment is due at the time and place the buyer is to receive the goods,even though the place of shipment is the place of delivery.

Under the __________,a buyer may reject goods for even the slightest defect.

If Mary allows the seller,Sellmart Co.,four weeks to repair the defects in her kitchen set and they have tried but have not done a good job at it,she may revoke her acceptance if she:

Which of the following is correct with respect to the Code's approach to impossibility of performance?

On April 18,Marco bought a sailboat from a local marina.The boat was defective and did not turn about properly.Marco used the boat extensively all summer and the boat was no longer in the same condition as when it was bought.By September 30,Marco had waived his right to revoke acceptance.

Sam agrees to sell Bill one 18-cubic-foot,yellow refrigerator for $700.It is to be delivered to Bill's home on July 7.Under the perfect tender rule,which one of the following cases would permit Bill to rightfully reject the goods?

Goods are to be sent from Buffalo,NY to Raleigh,NC by UPS using the delivery terms F.O.B.Buffalo,NY.Where does tender occur?