Uniform Commercial Code Article 2

Question 0

Items sent by mail or fax constitutes acceptance as soon as

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Sent

Question 1

A contract written for goods in excess of $500 applies to the statute of frauds and not the

Answer 1

UCC sales article

Question 2

Under the sales article a quantity must be

Answer 2

Specified to be enforceable

Question 3

Tendered means

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Delivery of goods

Question 4

For non merchants goods are made tendered for delivery when they are available

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For pick up

Question 5

In a shipping contract goods risk of losses passes from seller to buyer when

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Goods are delivered to the carrier

Question 6

If the destination is the sellers loading doc the risk of loss passes when the goods are delivered

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To the carrier

Question 7

Goods must be segregated and associated with a contract before the

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Buyer has rights to the goods in the contract

Question 8

A sellers obligation under a FOB destination contract is to tender delivery at a

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Specific destination

Question 9

Under sales UCC the warranty of title is an implied warranty that

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Protects purchasers who do not know of a lien that exists on a purchase

Question 10

The three types of express warranties are

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Affirmations of fact or promise
Description of the goods
Sample or model (bulk)

Question 11

The implied warranties are

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Merchantability
Usage of trade
Fitness for a particular purpose

Question 12

The implied warranty of fitness for a particular purpose arises when the seller knows the particular purpose

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For which the buyer will use the goods and the buyer is relying on the sellers skill

Question 13

The creation of An express warranty is due to

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It must be part of the basis of the bargain between buyer and seller

Question 14

The warranty of title can b excluded by using a

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Disclaimer that the seller is only passing what right or title seller had

Question 15

The implied warranty of Merchantability is by law. It arises when the seller sells the

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Goods purchased

Question 16

Under strict liability a person can recover because the merchant is responsible to pay damages

Answer 16

No matter how much fault they share

Question 17

A breach of implied warranty of Merchantability must show the merchant sold the goods

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And the breach of this warranty was the cause of an injury suffered

Question 18

The implied warranty of Merchantability may be disclaimed orally or in writing as long as it mentions

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Merchantability

Question 19

A person can only seek specific performance when the hoods are

Answer 19

Unique.

Question 20

A remedy of replevin requires the units to b

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Identified in the contract

Question 21

Punitive damages are only granted in

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Intentional torts and other lawsuits but not from breach of contract

Question 22

Liquidated damages clauses are valid only if they are reasonable in terms of the actual loss and the actual loses would be

Answer 22

Difficult to estimate

Question 23

When goods are withheld and the buyer has made a deposit or payment and no liquidated damages clause the seller may keep

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$500 or 20% of the purchase price

Question 24

To settle contractual damages you must give the wronged party the

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Benefit of the bargain.

Question 25

Special ordered goods does not have to b in writing if it's

Answer 25

$500 or more

Question 26

If someone accepts a portion of the good the oral contract is enforceable up to the amount shipped and

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Accepted

Question 27

Shipping nonconforming goods is a breach of contract under a shipping agreement.

Answer 27

The person may choose to accept or reject and pursue remedies

Question 28

The seller may be excused from performance if goods are destroyed before

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Title passes to the buyer

Question 29

A buyer can be released from obligations if the seller refuses to give

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Written assurance of performance when reasonably demanded by buyer

Question 30

Casualty to identified goods allows the buyer to inspect and accept damage goods or

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Avoid the contract

Question 31

Cash on delivery does not allow inspection before payment but

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Nonconforming goods may later be rejected.

Question 32

Whether the UCC sales article is applicable does not depend on

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The price of the goods involved

Question 33

Rejections and revocations are not valid until

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Received

Question 34

A change in delivery date of a contract is not a firm offer because the

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Agreement does not have to be on writing nor additional consideration given for the sales of goods.

Question 35

When a buyer orders goods to be shipped by a seller a seller can accept by

Answer 35

Shipment of conforming goods Prompt promise to ship Ship nonconforming goods without notice of accommodation.

Question 36

Statute of frauds under UCC requires the

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Signature of person to be charged Quantity of goods ordered Written evidence of an agreement

Question 37

If a confirmatory memo is sent and not objected in writing by 10 days by the merchant receiving it the the statute of frauds is

Answer 37

Satisfied

Question 38

AFTPDT formula

Answer 38

Application, formation, terms, performance, damages, title and risk of loss

Question 39

Mineral oils gas or structures on earth if severed by the buyer Is governed by

Answer 39

Real estate

Question 40

The transfer of personal property but not title is a

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Bailment

Question 41

If the seller is a non merchant risk of loss passes from seller to buyer at the time the seller

Answer 41

Tenders delivery

Question 42

Goods tender of the goods at the seller place of business or use the sellers truck to deliver goods does not

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Pass the risk of loss from the merchant to buyer

Question 43

If a confirmation memorandum is sent and not objected in writing within 10 days the

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Statute do frauds is satisfied

Question 44

When the seller is a non merchant the risk of loss pass to buyer at the time the

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Seller tenders delivery

Question 45

Replevin is to recover that which is being improperly

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Held by the seller

Question 46

Punitive damages are for intentional torts

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Suits

Question 47

If there is no liquidated damages clause

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The seller may keep $500 or 20% of the purchase price whichever is less