CONTRACTS_MCQS_91-100 - GOULDS MCQs in the MORNING Multiple Choice Program CONTRACT LAW QUESTIONS 91-100 2012 GOULDS ALL RIGHTS RESERVED 91 Seller made

CONTRACTS_MCQS_91-100 - GOULDS MCQs in the MORNING Multiple...

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GOULD’S “MCQ’s in the MORNING”Multiple Choice Program:CONTRACT LAW QUESTIONS, 91-100© 2012 GOULD’S, ALL RIGHTS RESERVED.
© 2012 GOULD’S, ALL RIGHTS RESERVED.91. Seller made an offer to Buyer offered to sell a specified quantity of goods to Buyer for a price of $1,500.00. Buyer sent a check for $1,500.00 to Seller, and on the back of Seller’s order form, Buyer wrote, “This sale includes service of the item purchased for one year, at no cost to Buyer.” Seller wrote back to Buyer and stated that Buyer did not want to add the one-year service term to the current contract. What fact, if shown to be true, would best support Seller's contention that a valid contract was not formed?A. That the offer was not ironclad.B. That Seller and Buyer were both merchants.C. That the new item altered the agreement.D. That Seller objected immediately and sent a letter to Buyer.
© 2012 GOULD’S, ALL RIGHTS RESERVED.91. CORRECT ANSWER: D.Under different or additional terms in the acceptance for theUCC, minor additional terms will become part of a merchant-to-merchant contract, unless the offer expressly precludesadding any additional terms, or the additional terms materiallyalter the contract.If additional terms materially alter thecontract, the offeror must notify the offeree of their objectionwithin ten days of the notice of the new terms.Here, Sellerimmediately objected to the addition of additional terms,therefore the first acceptance by Buyer would be invalid.
© 2012 GOULD’S, ALL RIGHTS RESERVED.92. Buyer purchased 200 boxes of hats from Seller. The contract specified that Buyer must make payment prior to inspection. Buyer did make proper payment to Seller before inspection. However, upon prompt inspection, Buyer found that all of the 200 boxes contained the wrong type of hat. Buyer tendered back the 200 boxes, and demanded reimbursement from Seller. Seller refused to give Buyer reimbursement.Can Buyer resell the dresses?
© 2012 GOULD’S, ALL RIGHTS RESERVED.92. CORRECT ANSWER: B.Insteadofotherremedies,abuyerwhoreceivesnon-conforming goods which are rightfully rejected, may resellthe goods through a private sale if reasonable prior notice isgiven to the seller. A pre-payment for goods does not affect abuyer’s right to reject goods.Therefore, Buyer will be ableto re-sell the items at a private sale, as long as Buyer givesSeller notice of the sale.
© 2012 GOULD’S, ALL RIGHTS RESERVED.93. Wholesaler purchased 20 crates of basketballs from Supplier. The sales contract specified that Wholesaler must make payment prior to inspection of the crates of basketballs, and Wholesaler did indeed pay Supplier before delivery. At the time of

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