Battle of Forms Conflicts and Dispositions Under UCC

Question 1

Generally, under the common law, contradictory terms in a buyer’s purchase order and in a merchant’s acknowledgment preclude the formation of a valid, written sale-of-goods contract.

Answer 1

True

Question 2

Generally, under the UCC § 2-207(1), a buyer and seller may form a valid sale-of-goods contract even if their exchanged documents contain varying terms.

Answer 2

True

Question 3

Generally, under the common law, two merchants’ conduct may be sufficient to form a valid implied-in-fact, sale-of-goods contract.

Answer 3

True

Question 4

Generally, under the UCC § 2-207(1), contradictory terms in a buyer’s purchase order and in a merchant’s acknowledgment preclude the formation of a valid sale-of-goods contract.

Answer 4

False

Question 5

Generally, under the UCC § 2-207(1), varying terms in a buyer’s purchase order and in a merchant’s acknowledgment preclude the formation of a valid sale-of-goods contract.

Answer 5

False

Question 6

Generally, under the common law, a buyer and seller may form a valid sale-of-goods contract even if their exchanged documents contain varying terms.

Answer 6

False

Question 7

Generally, under the common law, a buyer’s and seller’s conduct may be sufficient to form a valid implied-in-fact, sale-of-goods contract.

Answer 7

True

Question 8

Generally, under the common law, a buyer’s and seller’s conduct may be sufficient to form a valid implied-in-law, sale-of-goods contract.

Answer 8

True

Question 9

Generally, under the common law, indefinite terms in a buyer’s and merchant’s memorandum of understanding preclude the formation of a valid, written sale-of-goods contract.

Answer 9

True

Question 10

Generally, under the UCC § 2-207(3), two merchants’ conduct is sufficient to form a valid sale-of-goods contract.

Answer 10

True

Question 11

Generally, under the UCC § 2-207(3), a buyer’s and seller’s conduct is sufficient to form a valid sale-of-goods contract.

Answer 11

True

Question 12

Generally, under the common law, two merchants’ conduct may be sufficient to form a valid implied-in-law, sale-of-goods contract.

Answer 12

True

Question 13

Generally, under the UCC § 2-207(3), a purchase order and an acknowledgment are sufficient to form a valid sale-of-goods contract.

Answer 13

True

Question 14

Generally, under the UCC § 2-207(3), a buyer and seller must exchange written and executed documents in order to form a valid sale-of-goods contract.

Answer 14

False

Question 15

Generally, under the common law, two merchants’ memorandum of understanding might be legally sufficient to form a valid sale-of-goods contract.

Answer 15

True

Question 16

Generally, under the UCC § 2-207(1), two merchants’ letters of intent might be legally sufficient to form a valid sale-of-goods contract

Answer 16

True

Question 17

Generally, under the common law, indefinite terms in a buyer’s and merchant’s memorandum of understanding preclude the formation of a valid, written sale-of-goods contract.

Answer 17

True

Question 18

Generally, under the UCC § 2-207(2), two merchants must exchange written and executed documents in order to form a valid sale-of-goods contract.

Answer 18

False

Question 19

Generally, under the UCC § 2-207(2), indefinite terms in two merchants’ preliminary agreement preclude the formation of a valid, written sale-of-goods contract.

Answer 19

False