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Exam 23: Performance and Remedies

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Question 21

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Matson agrees to purchase 500 wooden chairs from Woodcarvers,Inc.After Woodcarvers sets the chairs aside in its warehouse,but before the risk of loss passes to Matson,the chairs are destroyed in a fire,which was not the fault of Woodcarvers.The contract between Matson and Woodcarvers is void.

A) True
B) False

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Question 22

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Identify the possible remedies for a seller when the buyer breaches a contract.

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If a buyer breaches a contract,the selle...

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Question 23

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Master Glue Hairspray,Inc.contracts to purchase 100 umbrellas with its logo and slogan,"A spray a day keeps the rain and wind away!" specially printed on the umbrellas and its 1-800 telephone number on the umbrella handle.After the seller completes the order,Master Glue refuses to accept or pay for the umbrellas.Because of the special logo and telephone number,the seller has been unable to find a new buyer.If the seller sues Master Glue,what is the proper measure of the seller's damages?

If a buyer does not receive goods by the contract deadline,remedies available include all of the following EXCEPT

What is the "perfect tender rule" and what restrictions? has the UCC put into place that limit the perfect tender rule's effect?

A buyer may revoke an acceptance of goods if

Turtle World orders 200 small sea turtles from Reptile World.After the sea turtles had been identified to the contract but before the risk of loss had passed to Turtle World,the turtles were released into the ocean by a militant animal rights group who broke into Reptile World to set the animals free.Under this scenario

Define these terms: usage of trade,course of dealing,and course of performance and identify how they are used according to the UCC.

A buyer has an absolute right to reject non-conforming goods as long as the rejection is timely.

The UCC includes sections that limit the perfect tender rule's effect and courts have a tendency to apply these limitations more enthusiastically than the rule itself.

Reba orders a pair of custom-made cowboy boots,C.O.D.from Home on the Range Western Wear.When the boots arrive,Reba pays the carrier for the boots,then opens the package,only to discover that the boots are the wrong snake skin color and three sizes too big.At this point

A buyer's material breach gives the seller the right to refuse to deliver the goods.

If a contract does not provide for a time for inspection,the UCC allows inspection to take place

Family Time Restaurant has a contract with Prime Meats for Prime to deliver 100 pounds of ground sirloin twice a week for the next three months.If,on one delivery,Prime brings 95 pounds of ground chuck instead of 100 pounds of ground sirloin

Wimble ordered 1,000 pro-quality luminescent orange tennis balls from Sports Unlimited at a cost of $800.On June 1,Sports Unlimited shipped standard white tennis balls,but Wimble rejected them.Wimble bought the same number of pro-quality luminescent orange balls from another supplier the same day for $650.In a suit against Sports Unlimited,Wimble may recover $800.

Under the UCC,the seller's right to correct a shipment of non-conforming goods is called

The UCC's requirement of good faith in the performance and enforcement of every contract imposes

Under the "perfect tender rule" the buyer may reject the goods if they fail in any respect to conform to the contract.

In the Zion Temple First Pentecostal Church of Cincinnati,Ohio,Inc.v.Brighter Day Bookstore & Gifts case,the court found that,because of an error in the company's catalog,there was no right to cure a nonconformity with the sleeves of the choir robes delivered to Zion.

Bryson Hardware accepted delivery of the 50 door handles it ordered.If it later finds the handles do not conform to the contract specifications and it wants to revoke its acceptance,it may return the goods only if