UCC Provisions

Question 1

UCC § 2-205 is:

Answer 1

The Firm Offer Rule, limited to goods, merchants, and a signed writing

Question 2

The Firm Offer Rule is which UCC provision?

Answer 2

§ 2-205

Question 3

UCC § 2-207 is

Answer 3

“Battle of the Forms”

Question 4

The “Battle of the Forms” is which UCC provision?

Answer 4

UCC § 2-207

Question 5

Output, Requirements, and Exclusive Dealings

We need to know the “quantity” of a contract, because leaving it out would make the contract unclear. Which UCC provision is this?

Answer 5

UCC § 2-306

Question 5

Output, Requirements, and Exclusive Dealings

We need to know the “quantity” of a contract, because leaving it out would make the contract unclear. Which UCC provision is this?

Answer 5

UCC § 2-306

Question 6

UCC § 2-306 is

Answer 6

Output, Requirements, and Exclusive Dealings

There needs to be a “quantity” in the sale of goods

Question 7

These are the only 2 types of contracts that can be seen as binding without stating an exact number

Answer 7

1. Output contracts (one party agrees to buy ALL of the good that the other party makes)
2. Requirement contracts (one party promises to sell the other side all of the good they need)

Question 8

UCC § 2-209 is

Answer 8

A modification in a contract is fine as long as it’s a “good faith” change

Question 9

A modification in a contract is fine as long as it’s a “good faith” change is which provision of the UCC?

Answer 9

UCC § 2-209

Question 10

UCC § 2-201 is

Answer 10

Requirements for the Statute of Frauds with respect to the Sale of Goods (must be writing sufficient to indicate a contract for sale has been made, and parties signed)

Question 11

Requirements for the Statute of Frauds with respect to the sale of goods is which UCC provision?

Answer 11

UCC § 2-201

Question 12

UCC § 2-202(b) is

Answer 12

Bars parol evidence if the parties intended the signed contract to be the “complete and exclusive” statement of their agreement

Question 13

Which UCC provision bars parol evidence if parties clearly intended the signed contract to be the “complete and exclusive” statement of their agreement?

Answer 13

UCC § 2-202(b)

Question 14

UCC § 2-313 is

Answer 14

Express Warranties by Affirmation, Promise, Description, Sample

Question 15

What are the 3 ways express warranties are created?

Answer 15

1. Affirmation of fact or promise made by the seller that relates to the goods and becomes a basis of the bargain
2. Any description of the goods which is made part of the basis of the bargain
3. Any sample or model which is made part of the basis of the bargain

Question 16

Express warranties by affirmation, promise, description, or sample is which provision of the UCC?

Answer 16

UCC § 2-313

Question 17

UCC § 2-314 is

Answer 17

Implied Warranty: Merchantability

Question 18

What UCC provision is Implied Warranty: Merchantability?

Answer 18

UCC § 2-314

Question 19

What does Implied Warranty: Merchantability mean?

Answer 19

1. It’s an implied warranty that the goods will be able to be resold (merchantable)
2. Goods to be merchantable must be essentially what was agreed upon and able to be resold

Question 20

UCC § 2-601 is

Answer 20

Perfect Tender

Question 21

The Perfect Tender rule is which UCC provision?

Answer 21

UCC § 2-601

Question 22

What are a buyer’s 3 options under UCC § 2-601?

Answer 22

1. Reject/return the non-conforming goods
2. Keep them (consider them “good enough”)
3. Go find another seller for the same product and sue the seller for the difference (Cover; Buyer’s procurement of Substitute Goods)

Question 23

UCC § 2-712 is

Answer 23

Cover; Buyer’s Procurement of Substitute Goods

The buyer can find another seller for the same product and sue for the difference in price