Proof of Breach Under UCC and Common Law

Question 1

Generally, under the common law and before securing contract damages, a buyer must prove: The seller materially breached a valid sale-of-goods contract.

Answer 1

True

Question 2

Generally, under the common law and before securing contract damages, a buyer must prove: The seller partially performed a contractual obligation.

Answer 2

False

Question 3

Generally, under the common law, a seller —who materially breaches a sale-of-goods contract may secure contract damages.

Answer 3

False

Question 4

Generally, under the common law, a seller —who substantially performs a contractual obligation —may receive contract damages.

Answer 4

True

Question 5

Generally, under the common law, a seller’s partial performance—under a sale-of-goods contract — excuses a buyer’s further performance.

Answer 5

False

Question 6

Generally, under the common law, a seller’s material breach of a sale-of-goods contract excuses a buyer’s further performance.

Answer 6

True

Question 7

Generally, under the common law, a seller’s partial performance—under a sale-of-goods contract — discharges a buyer’s further performance.

Answer 7

False

Question 8

Generally, under the common law, a seller’s substantial performance—under a sale-of-goods contract — discharges a buyer’s further performance.

Answer 8

False

Question 9

Generally, under the common law, a seller’s substantial performance—under a sale-of-goods contract — excuses a buyer’s further performance.

Answer 9

False

Question 10

Generally, under the common law, a seller’s material breach of a sale-of-goods contract discharges a buyer’s further performance.

Answer 10

True

Question 11

Generally, under the UCC § 2-601’s perfect tender rule and before securing contract damages, a buyer must prove: The seller materially breached a valid sale-of-goods contract.

Answer 11

False

Question 12

Generally, under the UCC § 2-601’s perfect tender rule and before securing contract damages, a buyer must prove: The seller partially performed a contractual obligation.

Answer 12

False

Question 13

Generally, under the UCC § 2-601’s perfect tender rule, a seller who materially breaches a sale-of-goods contract may secure contract damages.

Answer 13

False

Question 14

Generally, under the UCC § 2-601’s perfect tender rule, a seller—who substantially performs a contractual obligation —may receive contract damages.

Answer 14

False

Question 15

Generally, under the UCC § 2-601’s perfect tender rule, a seller — who partially performs an obligation — excuses a buyer’s further performance.

Answer 15

False

Question 16

Generally, under the UCC § 2-601’s perfect tender rule, a seller’s material breach of a contract excuses a buyer’s further performance.

Answer 16

False

Question 17

Generally, under the UCC § 2-601’s perfect tender rule, a seller’s partial performance of a contract discharges a buyer’s further performance.

Answer 17

False

Question 18

Generally, under the UCC § 2-601’s perfect tender rule, a seller’s substantial performance of a contract discharges a buyer’s further performance.

Answer 18

False

Question 19

Generally, under the UCC § 2-601’s perfect tender rule, a seller’s substantial performance of a contract excuses a buyer’s further performance.

Answer 19

False

Question 20

Generally, under the UCC § 2-601’s perfect tender rule, a seller’s material breach of a contract discharges a buyer’s further performance.

Answer 20

False

Question 21

Generally, under the UCC § 2-601’s perfect tender rule, a buyer may reject a seller’s goods if the goods partially conform to the contract.

Answer 21

True

Question 22

Generally, under the UCC § 2-601’s perfect tender rule, a buyer may reject a seller’s goods if the goods deviate in any manner from contractual term.

Answer 22

True

Question 23

Generally, under the UCC § 2-601’s perfect tender rule, a buyer may reject a seller’s goods for any trivial defect.

Answer 23

True

Question 24

Generally, under the UCC § 2-601’s perfect tender rule, a seller’s goods must always conform precisely to the terms of the sales contract.

Answer 24

True

Question 25

Generally, under the UCC § 2-601’s perfect tender rule, a seller must always deliver goods to a buyer according to the terms of a shipment agreement.

Answer 25

True

Question 26

Generally, under the UCC § 2-601’s perfect tender rule, a buyer may reject a seller’s goods if the goods were not delivered precisely to the terms of a shipment contract.

Answer 26

True

Question 27

Generally, under the common-law doctrine of anticipatory breach, an aggrieved buyer may secure damages for a “total breach,” if a seller wrongfully repudiates a sale-of-goods contract before the seller’s performance begins.

Answer 27

True

Question 28

Generally, under the UCC § 2-610, a nonbreaching buyer may secure damages for a “total breach,” if a seller wrongfully repudiates a sale-of-goods contract before the seller’s performance begins.

Answer 28

True

Question 29

Generally, under the UCC § 2-610, a nonbreaching buyer may resort to any remedy, if a seller repudiates a sale-of-goods contract before the seller’s performance begins.

Answer 29

True

Question 30

Generally, under the UCC § 2-610, a nonbreaching buyer may resort to any remedy immediately— if a seller announces that a contractual obligation will not be performed in the near or distant future.

Answer 30

True

Question 31

Generally, under the common-law, sale-of-goods contracts always create non-delegable duties.

Answer 31

False

Question 32

Generally, a public policy regarding the sale of various goods may create non-delegable duties.

Answer 32

True

Question 33

Generally, under the common-law, a merchant may assume a non-delegable duty —requiring the merchant to guarantee the performance of the duty.

Answer 33

True

Question 34

Generally, under the common-law, a buyer may assume a non-delegable obligation —requiring the buyer to guarantee the performance of the obligation.

Answer 34

True

Question 35

Generally, under the common-law, a non-delegable obligation may arise from a special contractual relationship between a buyer and seller.

Answer 35

True

Question 36

Generally, under the common law, a contractual party’s duty to perform is extinguished if she delegates an obligation to a third party.

Answer 36

False

Question 37

Generally, under the common law, a party’s liability is extinguished if she delegated a contract-based obligation to a third party.

Answer 37

False

Question 38

Generally, under the UCC § 2-210(1), a seller or buyer may perform a contractual duty by using a delegate.

Answer 38

True

Question 39

Generally, under the UCC § 2-210(1), a party’s duty to perform is extinguished if he delegated a contractual obligation to a third party.

Answer 39

False

Question 40

Generally, under the UCC § 2-210(1), a party’s contractual liability is extinguished if he delegated a contract-based obligation to a third party.

Answer 40

False