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Exam 23: Performance And Remedies

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Question 21

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The duties of the buyer include all of the following except:

A) acceptance of conforming goods.
B) payment for conforming goods.
C) delivery of the documents of sale to the seller as a tender of goods.
D) notifying the seller of rejection of non-conforming goods within a reasonable time.

E) None of the above
F) A) and B)

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Question 22

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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:

A) Family Time may unquestionably reject the non-conforming goods because they vary in both quantity and quality.
B) Family Time may reject the non-conforming installment only if it substantially impairs the value of that installment and cannot be cured.
C) Prime has no right to cure.
D) the perfect tender rule applies.

E) All of the above
F) A) and B)

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Question 23

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When a party to a contract notifies the other party that it will not perform the contract as agreed,this conduct is referred to as:

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:

Tiny Tim Toy Company (TTT)entered into a contract with the manufacturing firm of Charles,Dickens,and Scrooge (C,D&S)to purchase Christmas toys.The shipment was due to arrive on September 1,in time for the Christmas sales.By August 15,after hearing from other toy companies that C,D&S were falling far behind on meeting delivery dates,TTT wrote a letter demanding assurances that the goods would arrive as scheduled.The only response received was a letter on C,D&S letterhead that said,"Bah Humbug! You'll get the shipment by November 1." Discuss TTT's possible remedies at this point.

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

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

If a buyer does not receive goods by the contract deadline,remedies available include:

Meister Bros.shipped 250 radiator belts to fill Braybon's order.Quality control measures had been in place in Meister's factory when the belts were manufactured.When Braybon received the order one day before it was due,it notified Meister that it rejected the belts because of a variation from the contract specifications.Meister,although it believed the original belts met the contract specifications,notified Braybon that it would supply conforming goods within one week.When the conforming goods arrive in one week:

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

A homeowner has a contract with a firewood supplier to bring a rick of hardwood at the beginning of each month from October through March.If the supplier has brought a mixture of hard and soft woods for the first three deliveries,the homeowner cannot reject a delivery in January just because it includes some soft wood.

Assume that Sherrie's Cherries contracts with Dessert World to sell and ship 600 pounds of cherries in three equal installments of 200 pounds each.If the first installment arrives with 5 pounds of spoilage,then Dessert World may:

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

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

"Course of dealing" refers to prior commercial transactions between the same parties.

A baseball team ordered 500 wooden baseball bats from Bats,Inc.,for delivery on June 1.On May 15,the ball team received 500 aluminum bats instead of the wooden ones.As of May 16,Bats,Inc.:

Precision had a contract to supply Higgins,Co.with 500 medical instruments for delivery in three months.Several weeks later Higgins reads in the Wall Street Journal that Precision has been sued for selling defective instruments.Higgins could:

A buyer who properly rejects goods:

A buyer who accepts goods but notifies the seller the goods are non-conforming:

If a seller cures within a reasonable amount of time,the contract: