JURI 570 Quiz 2

  1. Seth and Maricela enter into a contract for a sale of goods for a contract price of $1,200 and Maricela has made a down payment of $200. Seth delivers nonconforming goods to Maricela who rightfully rejects them. The best remedy available to Maricela is to:
  2. A “sale,” as defined by the UCC, takes place when:
  3. The firm offer provision in Articles 2 and 2A of the UCC covers only merchant sellers.
  4. Edie telephoned the office supply store and agreed to buy a dozen boxes of CDs at $23 each. She then realized what a good buy this was and called the store with a request to modify the contract to read two dozen boxes. What is the consequence?
  5. Amber, who is an agent for Peter, breaches her fiduciary duty to Peter. Amber:
  6. Under the Code, damages have to be “calculable with mathematical precision.”
  7. An agency agreement does not have to always be in writing.
  8. Kera rented a lawn mower from Scott Rentals. The mower wheel was loose when she picked it up. When she began to use the mower, the wheel fell off, causing the mower to tip over onto her foot. Under what theory can Kera hold Scott liable for her injuries?
  9. Drapery Makers has signed a contract to make and sell to Hyer curtains for 20 windows by March 31. Hyer, however, delays in giving Drapery Makers the dimensions it needs to know in order to do the work. In this case, Drapery Makers:
  10. Who among the following is most likely not considered a merchant according to Article 2 of the UCC?
  11. In which of the following situations does the seller have the right to cure?
  12. Robert advances money to John so that John can purchase inventory for his business. In return and for security on the loan, John makes Robert his agent. If John:
  13. A buyer’s right to purchase, in good faith and without unreasonable delay, substituted goods from Seller B when Seller A breaches a sales contract is:
  14. If no definite time for delivery is fixed by the terms of the contract, delivery:
  15. Tom breached a contract he had with Jim. In addition to other remedies available, Jim may be able to recover commercially reasonable expenses incurred as a result of the breach. These expenses are:
  16. Diane appoints Edward as her agent to sell goods in markets where the highest price can be obtained. Edward sells the goods in a market that is glutted and obtains a low price, even though he could have obtained a higher price in a nearby market by using more care in obtaining the available market information. Edward is liable to Diane for breach of the duty of diligence.
  17. A seller has breached his contract by providing unfit seed, which breach was undetectable until the bean crop was to be harvested. Remedies would include:
  18. On January 3, Cara wrote to SunTime Mfg. asking for shipment of 100 swimsuits on 90- day credit. In the letter, she gave references that indicated that her store was financially sound. Actually she had bills that she could not pay and hoped to turn the business
  19. Milton owns a business delivering coffee and donuts within the downtown area of the city. Smith Co. calls him to deliver a large quantity of his products to their local office. While taking a coffee urn through the Smith Co.’s office, Milton drops it on Lester, scalding him. Who is liable?
  20. If Andrews Manufacturing Company has repudiated its contract to sell 500 computers to a retailer, the retailer:


  1. Product liability exists if the:
  2. Pedro ordered a custom-made suit from Rooks & Sons to be delivered by Friday at 5 p.m. When it is delivered to his office on Friday afternoon, he is in conference with a client. His secretary hangs the suit in the office closet. When Pedro tries on the suit Saturday evening, he discovers that the pants are cuffed. He had ordered cuffless trousers, so he called Rooks & Sons on Monday and informed them that he was returning the suit. What can he do?
  3. Under the CISG, if the buyer fails to perform any obligations, the seller may:
  4. Under Article 2 of the UCC, which of the following would be considered a sale?
  5. Jack was fired by Larry but decided to try to win back his job as agent by getting a big new contract. He approached Sharon, a new client, and made a pitch to sell Larry’s product. Sharon agreed to buy 100. Jack tells Larry. What are the legal consequences?
  6. Perry is building his house and orders a hot water heater from Jones Co. to be installed by them. The hot water heater they sent has a 45-gallon capacity when Perry ordered a 60- gallon capacity. Jones cannot provide a 60-gallon heater for two months, so Perry cancels the contract and gets a heater from Stosill’s. Jones Co. says it must be allowed to install the heater purchased from Stosill’s. What result?
  7. In the absence of agreement, payment is due at the time and place the buyer is to receive the goods, even though the place of shipment is the place of delivery.
  8. The Code defines cancellation as one party’s ending a contract by that party’s breach.
  9. Shannon orally agrees to buy 500 telephone answering machines from Thomas for $25,000. Thomas delivers 300 answering machines to Shannon, who receives and accepts them. Which of the following is correct with regard to this transaction?
  10. The seller’s tender of performance does not have to conform to the Code’s perfect tender rule.
  11. A buyer in Atlanta enters into a sales contract with a seller in Chicago. If the contract does not mention the place for delivery of the goods, the place of delivery will be:
  12. Upon the termination of an agency, the agent’s actual authority ceases. However, his apparent authority may continue until actual notice of the termination is given to third parties.
  13. If an anticipatory repudiation substantially impairs the value of the contract, the aggrieved party may:
  14. Which of the following would be considered consequential damages?
  15. Apparent authority can arise where there is an undisclosed principal as well as where the principal is disclosed.
  16. As the result of a seller’s breach, a buyer may ask for incidental damages. Incidental damages include costs incurred in:
  17. On June 1, Supertread Tire Company entered into a contract to provide 100 tires per month to ZYX Cycle Company at $30 per tire for the next two years. The October shipment consisted of 100 badly defective tires. ZYX Cycle Company:
  18. The seller may resell the goods identified to a contract:
  19. Which of the following is not a breach of an agent’s duty of obedience?
  20. Edna orders a set of china from Northwestern Catalog. Northwestern sends the dishes by UPS. The contract does not specify when payment is to be made. Edna must pay when:
  21. Ratification:
  22. An obligation of the merchant-seller that the goods are reasonably fit for general purposes for which they are manufactured and sold, and the goods are of fair, average quality is known as:
  23. Eric bought a new snowmobile from the North Pole Manufacturing Company. After buying the machine, Eric then modified the spark plugs and a few other things in order to soup it up. In February, just after a snowfall, Eric was driving the snowmobile when it tipped over, trapping him beneath it. His leg was severely burned when it lodged against one of the spark plugs. Eric now wants to sue North Pole for strict liability in tort. Eric:
  24. An agent has breached his fiduciary duty to the principal in which of the following situations?
  25. William rents a backhoe for six months from Hunter Leasing but fails to make timely payment of the rent. Hunter Leasing may recover:
  26. Mark hires Joe’s real estate agency to sell his estate, telling Joe he has lost too much money playing the stock market to afford to keep it up. Then Mark wins the three million- dollar lottery! Joe reads this in the newspaper and that afternoon makes a contract with Sharon to sell the estate. Is the contract valid?
  27. Which of the following is not a factor used to determine whether an agent is an employee or an independent contractor?
  28. Unless an auction is advertised or announced as being without reserve, the sale is with reserve, and the auctioneer may withdraw the goods at any time until he announces completion of the sale.
  29. Under the Second Restatement, which of the following is correct with regard to a contract entered into with a third person by an agent of an undisclosed principal?
  30. Karen decided to sell her stair step exercise machine, because she wasn’t using it as much as she thought she would. Her friend Lydia bought it from Karen for $100. If the first day that Lydia used the stair stepper it fell apart, injuring Lydia’s ankle: