Exam 20: Performance

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A buyer who sells rejected goods on behalf of the seller is entitled to reasonable expenses and a reasonable selling commission not to exceed ten percent of the gross proceeds.

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Ryan is interested in purchasing two dozen L.E.D.signs from Superior Sign Co. If the signs are damaged:

(Multiple Choice)
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A buyer's or lessee's right to reject nonconforming goods depends on the size or extent of the breach of the seller's or lessor's duty to tender conforming goods.

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Tender of delivery requires:

(Multiple Choice)
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Acceptance of goods,which disallows any later rejection of them,is accomplished only through express words.

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The delivery terms "ex-ship" and "no arrival,no sale" indicate that the contract is a shipment contract.

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The Code does not excuse performance based upon commercial impracticability.

(True/False)
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Rejection is ineffective unless the buyer notifies the seller.

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The Elm Street Accounting Partnership has ordered two maroon office chairs for its waiting room from the Quality Office Supply Company.Quality sends two burgundy-red office chairs that the Elm Street partnership rejects.What,if any,rights does Quality have under the circumstances?

(Essay)
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Under the CISG,a party may suspend performance of his obligations if,after the conclusion of the contract,it becomes apparent that the other party will not perform a substantial part of his obligations.

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A carpenter ordered 500 sheets of 1/2-inch plywood from her supplier,but received 498 sheets of 1/4-inch plywood.If she rejects these goods,she has no further obligation to her supplier regarding these nonconforming goods.

(True/False)
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After passage of a week,the buyer of six crates of strawberries will be deemed to have accepted the goods.

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A "commercial unit" is a unit of goods that by commercial usage is a single unit and that,if divided,would be materially impaired in character or value.

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A manifestation by the buyer of his unwillingness to become the owner of the goods is:

(Multiple Choice)
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In an installment contract,if the contract is silent about payment,the Code provides that the seller may demand the price,if it can be apportioned,for each lot.

(True/False)
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A merchant buyer of goods receives nonconforming goods.The merchant buyer rightfully rejects and appropriately notifies the seller,but the seller has no agent in the buyer's city.The goods are perishable and threaten to decline in value speedily.The merchant buyer has no further duty to the seller other than to await the seller's instructions.

(True/False)
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Payment of a C.O.D.shipment constitutes an acceptance of the goods.

(True/False)
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A buyer's cancellation of a contract based on the seller's anticipatory repudiation is effective:

(Multiple Choice)
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Where goods are in the possession of a bailee and are to be delivered without being moved,in most instances the seller may either tender to the buyer a document of title or obtain an acknowledgment by the bailee of the buyer's right to possess the goods.

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