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1 2.5 Question out of 2.5 points Remedies that an innocent party can seek on the breach of a contract include rescission. Answer Selected Answer: Question 2 2.5 out of 2.5 points Masterwork, Inc., files a suit against National Employment Company (NEC) to recover in quasi contract. Masterwork must show in part that Answer Selected Answer: Question 3 2.5 out of 2.5 points Lou and Mira want to rescind their contract under which Lou sold a laser printer to Mira for $200. To rescind the contract Answer Selected Answer: Question 4 2.5 out of 2.5 points Rite-Bilt Contractors, Inc., agrees to build a motel for Slumber Motels Corporation. The project proceeds according to plan, but before it is done, Slumber tells Rite-Bilt to quit. Rite-Bilt may recover Answer Selected Answer: Question 5 2.5 out of 2.5 points Specific performance is the remedy customarily used when there is no actual contract or agreement between two parties. Answer Selected Answer: Question 6 2.5 out of 2.5 points The duty owed under the mitigation of damages doctrine depends on the situation. Answer Selected Answer: Question 7 2.5 out of 2.5 points Jamie contracts to sell a residential duplex to Keril. The contract provides that if Jamie does not close the deal by September 15, she must pay Keril one-half of the duplex's sale price. This provision is not enforceable because it is Answer Selected Answer: Question 8 2.5 out of 2.5 points A party seeking to recover compensatory damages may also be entitled to recover incidental damages. Answer Selected Answer: Question 9 2.5 out of 2.5 points A shrink-wrap agreement is an agreement whose terms are expressed inside a box in which the goods are packaged. Answer Selected Answer: Question 10 2.5 out of 2.5 points Garth and Heddy, consumers, transact a deal over the Internet. Their contract does not mention the UETA. The UETA covers Answer Selected Answer: Question 11 2.5 out of 2.5 points In e-transactions, attribution refers to procedures that may be used to ensure that a person sending an e-record is the same person whose e-signature accompanies the record. Answer Selected Answer: Question 12 2.5 out of 2.5 points Browse-wrap terms are generally enforceable. Answer Selected Answer: Question 13 2.5 out of 2.5 points Dina buys from E-Things, Inc., a product that includes a shrink-wrap agreement. A dispute arises, and E-Things files a suit against Dina. The court will enforce the agreement if Dina used the product Answer Selected Answer: Question 14 2.5 out of 2.5 points Precision Applications Corporation (PAC) sends an electronic record to Quotient Systems, Inc., a PAC customer. Under the UETA, the record will be considered received when it Answer Selected Answer: Question 15 2.5 out of 2.5 points A shrink-wrap agreement is normally enforceable. Answer Selected Answer: Question 16 2.5 out of 2.5 points The UETA requires the use of security procedures to verify changes to e-documents. Answer Selected Answer: Question 17 2.5 out of 2.5 points According to the UCC, one or more open terms will always cause a sales or lease contract to fail for indefiniteness. Answer Selected Answer: Question 18 2.5 out of 2.5 points Grade-A Construction Corporation offers to buy from Harden Cement Company a certain quantity of cement for a certain price. Harden can accept the offer by Answer Selected Answer: Question 19 2.5 out of 2.5 points If a nonmerchant's offer expressly conditions acceptance on a nonmerchant's agreement to the terms of the offer, a positive response may constitute an acceptance even if it contains additional terms. Answer Selected Answer: Question 20 2.5 out of 2.5 points A sale of a fixture is always considered a sale of realty. Answer Selected Answer: Question 21 2.5 out of 2.5 points Suzy pays Triple-A Office Supply Company $1,500 for a new laptop computer. According to the UCC, this is Answer Selected Answer: Question 22 2.5 out of 2.5 points If a seller is to remove a structure attached to land, the sale of the structure is treated as involving goods one as opposed to realty. Answer Selected Answer: Question 23 2.5 out of 2.5 points The rules governing firm offers apply to certain merchants only. Answer Selected Answer: Question 24 2.5 out of 2.5 points Regional Products, Inc., agrees to sell to Quantity Dealers Corporation a certain amount of goods but no mention is made of where the goods are to be delivered. In general, the UCC requires that the delivery take place at Answer Selected Answer: Question 25 2.5 out of 2.5 points If a seller is not a merchant, the seller holds the goods, and the buyer is to pick them up, the risk of loss passes to the buyer on tender of delivery. Answer Selected Answer: Question 26 2.5 out of 2.5 points Peak Sales Corporation orders goods from Quick Stock Company. Peak plans to market the goods to consumers generally. Quick identifies the goods. Before they are shipped to Peak, an insurable interest in the goods exists in Answer Selected Answer: Question 27 2.5 out of 2.5 points Timekeep Watches, Inc., ships an assortment of timepieces to Unique Jewelers, Inc., which agrees to pay for items that are not returned within six months. This is Answer Selected Answer: Question 28 2.5 out of 2.5 points Li'l Jewelry Store orders display racks from Mark-Up Supplies, Inc. (MSI). MSI mistakenly ships racks of the wrong size and color, which Li'l rejects and returns via Nevermind Shipping Company. During the return, the racks are lost. The loss is suffered by Answer Selected Answer: Question 29 2.5 out of 2.5 points A contract between Fresh Fruit Corporation and Green Grocer, Inc., requires Fresh Fruit to deliver goods to Green Grocer's place of business. This is Answer Selected Answer: Question 30 2.5 out of 2.5 points When a buyer breaches a contract, the risk of loss immediately shifts to the seller. Answer Selected Answer: Question 31 2.5 out of 2.5 points Moto Company sells new and used motorcycles. Some of the motorcycles are held on consignment, including six consigned by Nu Cycles, Inc. While the cycles are in Moto's possession, title to them is held by Answer Selected Answer: Question 32 2.5 out of 2.5 points Track & Truck Distribution, Inc., signs a receipt for goods that will also serve as a contract for the transportation of the goods. This is Answer Selected Answer: Question 33 2.5 out of 2.5 points Tender of delivery can occur in any manner. Answer Selected Answer: Question 34 2.5 out of 2.5 points Olympic Steel Corporation contracts to sell steel to Precision Machining, Inc. After Olympic ships the steel, Precision breaches the contract. Incidental damages arising from the breach include the costs to Olympic of Answer Selected Answer: Question 35 2.5 out of 2.5 points A seller can exercise the right to cure within the contract time for performance. Answer Selected Answer: Question 36 2.5 out of 2.5 points If a contract does not specify where the goods are to be delivered and the buyer is to pick them up, the place of delivery is the location of the goods. Answer Selected Answer: Question 37 2.5 out of 2.5 points Fact Pattern 16-1 Internet Cafes, Inc., contracts to buy all of its requirements for coffee, at a minimum of 1 million pounds per year, from Java Corporation for six years. After three years, Internet tells Java that it plans to sell its company to Kwik Eateries, Inc. Kwik refuses to assure Java that it will continue Internet's contract. Refer to Fact Pattern 16-1. Kwik's refusal constitutes Answer Selected Answer: Question 38 2.5 out of 2.5 points Garden Vegetable Farm and Hungry Folks Restaurant, Inc., enter into a contract for a sale of tomatoes. Hungry declares bankruptcy. Garden can stop delivery of the goods in transit Answer Selected Answer: Question 39 2.5 out of 2.5 points A seller fulfills a contract by delivering goods that conform to the terms. Answer Selected Answer: Question 40 0 out of 2.5 points If the parties to a sales contract state that a certain remedy is exclusive, then it is the sole remedy. Answer Selected Answer: ... View Full Document

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