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Contract Delivery Default Location
Summary
Under the Uniform Commercial Code (UCC), if a sales contract does not specify a delivery location, the default place of delivery is the sellers business or residence. This rule helps provide clarity and predictability in commercial transactions. In the context of a buyer in Atlanta and a seller in Chicago, the delivery would occur at the sellers location in Chicago unless otherwise stated in the contract.Full Conversation
Which of the following illustrates a shipment contract?
Question 2Select one:
a.
Ex-ship.
b.
All of these are shipment contracts.
c.
F.O.B. place of shipment.
d.
No arrival, no sale.
The correct answer is:
c. F.O.B. place of shipment.
Under a shipment contract, the seller's obligation is to deliver the goods to a carrier for shipment to the buyer, not to a specific destination. "F.O.B. place of shipment" means the seller's duty is fulfilled once the goods are delivered to the carrier.
c. F.O.B. place of shipment.
Under a shipment contract, the seller's obligation is to deliver the goods to a carrier for shipment to the buyer, not to a specific destination. "F.O.B. place of shipment" means the seller's duty is fulfilled once the goods are delivered to the carrier.
Under the __________, a buyer may reject goods for even the slightest defect.
Question 3Select one:
a.
revocation of acceptance rule
b.
rules for inspection
c.
excuses for nonperformance
d.
perfect tender rule
The correct answer is:
d. perfect tender rule
Under the perfect tender rule, a buyer may reject goods if they fail to conform to the contract in any respect, even if the defect is minor.
d. perfect tender rule
Under the perfect tender rule, a buyer may reject goods if they fail to conform to the contract in any respect, even if the defect is minor.
A buyer's cancellation of a contract based on the seller's anticipatory repudiation is effective:
Question 4Select one:
a.
All of these are correct.
b.
only if bond has been obtained.
c.
if the cancellation precedes the seller's attempt to retract her repudiation.
d.
only if the buyer expressly notifies the seller of the cancellation.
Case Rating: *
In the context of a buyer's cancellation of a contract based on the seller's anticipatory repudiation, the correct answer is:
c. if the cancellation precedes the seller's attempt to retract her repudiation.
This means that the buyer's cancellation is effective if done before the seller tries to retract their anticipatory repudiation.
If you have any other questions or need further clarification, feel free to ask!
In the context of a buyer's cancellation of a contract based on the seller's anticipatory repudiation, the correct answer is:
c. if the cancellation precedes the seller's attempt to retract her repudiation.
This means that the buyer's cancellation is effective if done before the seller tries to retract their anticipatory repudiation.
If you have any other questions or need further clarification, feel free to ask!
In which of the following situations does the seller have the right to cure?
Question 5Select one:
a.
Where the time for performance under the contract has not yet expired.
b.
After the time for performance has expired if the seller had reasonable grounds for believing the buyer would accept a nonconforming tender with or without monetary adjustment.
c.
Two of these are correct but not all three.
d.
Where the buyer has revoked acceptance.
Case Rating: *
For your question about the seller's right to cure, the correct answer would likely be:
c. Two of these are correct but not all three.
This is because both options (a) and (b) give the seller the right to cure in specific circumstances. Option (d) does not, as revocation of acceptance typically means the buyer has rejected the goods.
Would you like more information on this topic or any other legal issue?
For your question about the seller's right to cure, the correct answer would likely be:
c. Two of these are correct but not all three.
This is because both options (a) and (b) give the seller the right to cure in specific circumstances. Option (d) does not, as revocation of acceptance typically means the buyer has rejected the goods.
Would you like more information on this topic or any other legal issue?
The concept of the "right to cooperation" includes that:
Question 6Select one:
a.
None of these.
b.
where one party's required cooperation is not timely, the other party is excused from any resulting delay in her own performance.
c.
where neither party is at fault and the agreed manner of delivery becomes impracticable, both parties are required to negotiate a new price.
d.
where one party's required cooperation is untimely, the other party is required to tender performance as if the first party had tendered in a timely manner.
Case Rating: *
For the concept of the "right to cooperation," the correct answer is:
b. where one party's required cooperation is not timely, the other party is excused from any resulting delay in her own performance.
This principle acknowledges that one party's failure to cooperate can impact the other party's ability to perform their obligations on time.
For the concept of the "right to cooperation," the correct answer is:
b. where one party's required cooperation is not timely, the other party is excused from any resulting delay in her own performance.
This principle acknowledges that one party's failure to cooperate can impact the other party's ability to perform their obligations on time.
A manifestation by the buyer of his unwillingness to become the owner of the goods is:
Question 7Select one:
a.
revocation.
b.
rejection.
c.
tender.
d.
cure.
Case Rating: *
The correct answer for your question is:
b. rejection.
Rejection is the term used when a buyer indicates they do not wish to accept or become the owner of the goods.
The correct answer for your question is:
b. rejection.
Rejection is the term used when a buyer indicates they do not wish to accept or become the owner of the goods.
Which of the following is correct with respect to the Code's approach to impossibility of performance?
Question 8Select one:
a.
A significant drop in demand for the goods will excuse the buyer's performance.
b.
Increased production costs will excuse performance by the seller.
c.
Performance will be excused when it is impractical as a result of one or more unforeseen supervening events that are more than mere hardship or increased cost of performance.
d.
All of these are correct.
Case Rating: *
The correct answer is:
c. Performance will be excused when it is impractical as a result of one or more unforeseen supervening events that are more than mere hardship or increased cost of performance.
The Uniform Commercial Code (UCC) typically does not excuse performance merely due to increased costs or a drop in demand. Performance must be impractical due to unforeseen events.
The correct answer is:
c. Performance will be excused when it is impractical as a result of one or more unforeseen supervening events that are more than mere hardship or increased cost of performance.
The Uniform Commercial Code (UCC) typically does not excuse performance merely due to increased costs or a drop in demand. Performance must be impractical due to unforeseen events.
When is a buyer deemed to have accepted goods that are delivered pursuant to a contract?
Question 9Select one:
a.
If he fails to reject the goods after he has had a reasonable opportunity to inspect them.
b.
Immediately upon delivery.
c.
Only after an express acceptance.
d.
Only when he pays for them.
Case Rating: *
The correct answer to Question * is:
a. If he fails to reject the goods after he has had a reasonable opportunity to inspect them.
Under the Uniform Commercial Code (UCC), a buyer is deemed to have accepted goods if they fail to reject them within a reasonable time after having an opportunity to inspect them.
The correct answer to Question * is:
a. If he fails to reject the goods after he has had a reasonable opportunity to inspect them.
Under the Uniform Commercial Code (UCC), a buyer is deemed to have accepted goods if they fail to reject them within a reasonable time after having an opportunity to inspect them.
If the goods or the tender of delivery fail in any respect to conform to the contract, the buyer may:
Question 10Select one:
a.
reject the whole.
b.
accept the whole.
c.
accept any unit(s) and reject the rest.
d.
Any of these.
Case Rating: *
Based on the Uniform Commercial Code (UCC), the correct answer to your question is:
d. Any of these.
Under the UCC's perfect tender rule, if the goods or their delivery fail to conform to the contract, the buyer has the options to reject the whole, accept the whole, or accept any units and reject the rest.
Do you have any other specific legal questions or need further clarification?
Based on the Uniform Commercial Code (UCC), the correct answer to your question is:
d. Any of these.
Under the UCC's perfect tender rule, if the goods or their delivery fail to conform to the contract, the buyer has the options to reject the whole, accept the whole, or accept any units and reject the rest.
Do you have any other specific legal questions or need further clarification?
Bill orders a custom-made suit from Rooks to be delivered by Friday at * p.m. When the suit is delivered to his office on Friday afternoon, he is in conference with a client. He accepts delivery and hangs the suit in his closet. When Bill tries on the suit Saturday evening, he discovers that the pants are cuffed. He had ordered cuffless trousers. What can he do?
Question 11Select one:
a.
He cannot revoke acceptance since the cuffs are not difficult to discover.
b.
He cannot reject the goods because the cuffs are curable.
c.
He can revoke acceptance if the cuffs substantially impair the value of the goods to him and Rooks will not remove the cuffs.
d.
He can reject the goods since he had not yet accepted them prior to inspection.
Case Rating: *
Bill can consider the following options:
- He can revoke acceptance if the cuffs substantially impair the value of the suit to him and Rooks will not remove the cuffs (Option c).
- He can reject the goods since he had not yet accepted them prior to inspection (Option d).
Does the issue with the suit significantly affect its value or usability for Bill?
Bill can consider the following options:
- He can revoke acceptance if the cuffs substantially impair the value of the suit to him and Rooks will not remove the cuffs (Option c).
- He can reject the goods since he had not yet accepted them prior to inspection (Option d).
Does the issue with the suit significantly affect its value or usability for Bill?
Tender of delivery requires:
Question 12Select one:
a.
that tender occur during the buyer's normal business hours.
b.
only that the seller put and hold goods that conform to the contract at the buyer's disposition.
c.
that the goods be made available to the buyer for at least one week if they are not perishable.
d.
that the seller give the buyer reasonable notice of the tender.
Case Rating: *
For your question about tender of delivery, here’s the relevant information:
- Tender of delivery requires that the seller put and hold goods that conform to the contract at the buyer's disposition.
So, the correct answer is:
b. only that the seller put and hold goods that conform to the contract at the buyer's disposition.
If you have any other questions or need further clarification, feel free to ask!
For your question about tender of delivery, here’s the relevant information:
- Tender of delivery requires that the seller put and hold goods that conform to the contract at the buyer's disposition.
So, the correct answer is:
b. only that the seller put and hold goods that conform to the contract at the buyer's disposition.
If you have any other questions or need further clarification, feel free to ask!
If an anticipatory repudiation substantially impairs the value of the contract, the aggrieved party may:
Question 13Select one:
a.
None of these.
b.
resort to any appropriate remedy for breach.
c.
Both are correct.
d.
await performance for a commercially reasonable time.
Case Rating: *
The correct answer to the question is:
c. Both are correct.
Under the Uniform Commercial Code (UCC), if an anticipatory repudiation substantially impairs the value of the contract, the aggrieved party may either resort to any appropriate remedy for breach or await performance for a commercially reasonable time.
The correct answer to the question is:
c. Both are correct.
Under the Uniform Commercial Code (UCC), if an anticipatory repudiation substantially impairs the value of the contract, the aggrieved party may either resort to any appropriate remedy for breach or await performance for a commercially reasonable time.
The CISG:
Question 14Select one:
a.
does not follow the perfect tender rule.
b.
provides no right of "cure."
c.
provides that in most instances the buyer must pay the contract price before examining the goods.
d.
provides that the seller must, in all cases, deliver the goods within a reasonable time after the conclusion of the contract.
Case Rating: *
The correct answer to the question about the CISG (United Nations Convention on Contracts for the International Sale of Goods) is:
a. does not follow the perfect tender rule.
The CISG allows for a more flexible approach compared to the UCC's perfect tender rule. If you have any more legal questions or need further clarification, feel free to ask!
The correct answer to the question about the CISG (United Nations Convention on Contracts for the International Sale of Goods) is:
a. does not follow the perfect tender rule.
The CISG allows for a more flexible approach compared to the UCC's perfect tender rule. If you have any more legal questions or need further clarification, feel free to ask!
Ryan is interested in purchasing two dozen L.E.D. signs from Superior Sign Co. If the signs are damaged:
Question 15Select one:
a.
All of these.
b.
without fault of either party before the risk of loss passes to Ryan and the goods were identified when the contract was made, the contract is avoided whether the signs are totally or partially destroyed.
c.
after the contract of sale is formed and after the risk of loss passed to Ryan, then Ryan has no option but must pay the entire contract price of the signs.
d.
and destroyed before Ryan's offer to buy them is accepted, Superior must create new signs to replace the ones Ryan wanted.
Case Rating: *
To better assist you, could you clarify what specific legal issue or question you have regarding this scenario with Ryan and Superior Sign Co.? Understanding the details will help me provide more accurate information.
To better assist you, could you clarify what specific legal issue or question you have regarding this scenario with Ryan and Superior Sign Co.? Understanding the details will help me provide more accurate information.
Ryan is interested in purchasing two dozen L.E.D. signs from Superior Sign Co. If the signs are damaged:
Question 15Select one:
a.
All of these.
b.
without fault of either party before the risk of loss passes to Ryan and the goods were identified when the contract was made, the contract is avoided whether the signs are totally or partially destroyed.
c.
after the contract of sale is formed and after the risk of loss passed to Ryan, then Ryan has no option but must pay the entire contract price of the signs.
d.
and destroyed before Ryan's offer to buy them is accepted, Superior must create new signs to replace the ones Ryan wanted.
Case Rating: *
The correct answer to the question regarding the purchase of L.E.D. signs is:
b. without fault of either party before the risk of loss passes to Ryan and the goods were identified when the contract was made, the contract is avoided whether the signs are totally or partially destroyed.
This means if the goods were damaged without anyone's fault and before the risk of loss passed to Ryan, the contract is void whether the signs are totally or partially destroyed.
Do you have any other legal questions related to this scenario or another issue?
The correct answer to the question regarding the purchase of L.E.D. signs is:
b. without fault of either party before the risk of loss passes to Ryan and the goods were identified when the contract was made, the contract is avoided whether the signs are totally or partially destroyed.
This means if the goods were damaged without anyone's fault and before the risk of loss passed to Ryan, the contract is void whether the signs are totally or partially destroyed.
Do you have any other legal questions related to this scenario or another issue?
If Mary allows the seller, Sellmart Co., four weeks to repair the defects in her kitchen set and they have tried but have not done a good job at it, she may revoke her acceptance if she:
Question 16Select one:
a.
does not use the table and chairs.
b.
could not discover the defects easily.
c.
notifies Sellmart of revocation.
d.
inspected the goods herself.
Case Rating: *
Mary may revoke her acceptance if she notifies Sellmart of the revocation. The correct answer is:
c. notifies Sellmart of revocation.
This is because under the UCC, a buyer may revoke acceptance if the goods fail to conform to the contract, provided they notify the seller within a reasonable time.
Mary may revoke her acceptance if she notifies Sellmart of the revocation. The correct answer is:
c. notifies Sellmart of revocation.
This is because under the UCC, a buyer may revoke acceptance if the goods fail to conform to the contract, provided they notify the seller within a reasonable time.
Which of the following terms would indicate a destination contract?
Question 17Select one:
a.
F.O.B. city of seller.
b.
F.O.B. city of buyer.
c.
C.I.F.
d.
F.A.S. seller's port.
Case Rating: *
The correct answer is:
b. F.O.B. city of buyer.
This term indicates that the seller's responsibility is to deliver the goods to the buyer's location, making it a destination contract.
The correct answer is:
b. F.O.B. city of buyer.
This term indicates that the seller's responsibility is to deliver the goods to the buyer's location, making it a destination contract.
Goods are to be sent from Buffalo, NY to Raleigh, NC by UPS using the delivery terms F.O.B. Buffalo, NY. Where does tender occur?
Question 18Select one:
a.
Where the goods are shipped.
b.
Where the goods are identified.
c.
Where the goods are taken by the buyer.
d.
Where the goods are delivered and picked up by the buyer.
Case Rating: *
Tender occurs where the goods are shipped. Under F.O.B. (Free On Board) terms, the seller's responsibility ends once the goods are shipped from the specified location (Buffalo, NY in this case).
Would you like more information on shipping terms or any other legal issue?
Tender occurs where the goods are shipped. Under F.O.B. (Free On Board) terms, the seller's responsibility ends once the goods are shipped from the specified location (Buffalo, NY in this case).
Would you like more information on shipping terms or any other legal issue?
Goods are to be sent from Buffalo, NY to Raleigh, NC by UPS using the delivery terms F.O.B. Buffalo, NY. Where does tender occur?
Question 18Select one:
a.
Where the goods are shipped.
b.
Where the goods are identified.
c.
Where the goods are taken by the buyer.
d.
Where the goods are delivered and picked up by the buyer.
Case Rating: *
Tender under F.O.B. (Free On Board) Buffalo, NY terms occurs where the goods are shipped. This means the seller's responsibility ends once the goods are shipped from Buffalo, NY.
If you have any other questions or need further clarification on shipping terms or other legal issues, feel free to ask!
Tender under F.O.B. (Free On Board) Buffalo, NY terms occurs where the goods are shipped. This means the seller's responsibility ends once the goods are shipped from Buffalo, NY.
If you have any other questions or need further clarification on shipping terms or other legal issues, feel free to ask!
J & J Co. offers a "subscription" for baby toys to be delivered every two months from the birth of a child. Payment must be made within two weeks of delivery. The Markham family accepted the J & J plan when their son, Timmy, was born. When Timmy was four months old, one J & J toy arrived smashed to pieces. Markham:
Question 19Select one:
a.
can treat the whole contract as breached and refuse to pay for past installments as well as future installments.
b.
can reject the installment and refuse to pay for it if J & J cannot cure it.
c.
cannot reject the installment since it is part of a series.
d.
can reject the installment and cancel the contract immediately.
Case Rating: *
Based on the Uniform Commercial Code (UCC), the correct answer is:
b. can reject the installment and refuse to pay for it if J & J cannot cure it.
The UCC allows the buyer to reject a nonconforming installment if it substantially impairs the value of that installment and cannot be cured.
Based on the Uniform Commercial Code (UCC), the correct answer is:
b. can reject the installment and refuse to pay for it if J & J cannot cure it.
The UCC allows the buyer to reject a nonconforming installment if it substantially impairs the value of that installment and cannot be cured.
The perfect tender rule requires that the seller's tender of performance must conform exactly to the contract subject to:
Question 20Select one:
a.
Both of these.
b.
cure by the seller.
c.
installment contracts.
d.
Neither of these.
Case Rating: *
The correct answer is:
a. Both of these.
Under the Uniform Commercial Code (UCC), the perfect tender rule requires that the seller's tender of performance must conform exactly to the contract, but it is subject to exceptions such as the seller's right to cure and installment contracts.
Would you like more information on the perfect tender rule or any other legal issue?
The correct answer is:
a. Both of these.
Under the Uniform Commercial Code (UCC), the perfect tender rule requires that the seller's tender of performance must conform exactly to the contract, but it is subject to exceptions such as the seller's right to cure and installment contracts.
Would you like more information on the perfect tender rule or any other legal issue?
A(n) __________ is a delivery of possession of personal property to an agent for sale by the agent.
Question 1Select one:
a.
consignment
b.
sale or return
c.
sale on approval
d.
None of these.
Case Rating: *
The correct answer to your question is:
a. consignment
A consignment is a delivery of possession of personal property to an agent for sale by the agent. If you have any other questions or need further information, feel free to ask!
The correct answer to your question is:
a. consignment
A consignment is a delivery of possession of personal property to an agent for sale by the agent. If you have any other questions or need further information, feel free to ask!
In __________ the goods are sold and delivered to the buyer with an option to return them to the seller.
Question 2Select one:
a.
entrusting to a merchant
b.
a sale on approval
c.
a sale or return
d.
a bailment
Case Rating: *
The correct answer to your question is:
c. a sale or return
In a "sale or return" transaction, the buyer has the option to return the goods to the seller even after taking possession of them.
If you have any more questions or need further clarification on legal topics, feel free to ask!
The correct answer to your question is:
c. a sale or return
In a "sale or return" transaction, the buyer has the option to return the goods to the seller even after taking possession of them.
If you have any more questions or need further clarification on legal topics, feel free to ask!
Which of the following is correct with regard to risk of loss, where the goods are in the possession of a bailee and are covered by a negotiable document of title?
Question 3Select one:
a.
Risk of loss passes when notification of the arrival of the goods is given to the buyer.
b.
If the buyer is a merchant, risk of loss passes to the buyer when the goods are delivered.
c.
Risk of loss passes when the document is tendered to the buyer.
d.
Risk of loss passes when the buyer receives the document.
Case Rating: *
The correct answer is:
c. Risk of loss passes when the document is tendered to the buyer.
Would you like more information on this topic or have any other legal questions?
The correct answer is:
c. Risk of loss passes when the document is tendered to the buyer.
Would you like more information on this topic or have any other legal questions?
When delivery is to be made without moving the goods, unless otherwise agreed, title passes:
Question 4Select one:
a.
at the time the seller completes performance.
b.
when a document of title is created if a negotiable document of title is involved.
c.
at the time and place of contracting under all circumstances.
d.
when the goods are identified if they were not identified at the time of contracting.
Case Rating: *
When delivery is to be made without moving the goods, unless otherwise agreed, title passes:
- d. when the goods are identified if they were not identified at the time of contracting.
This means that the title passes to the buyer at the time the goods are identified to the contract, provided they were not identified at the time the contract was made.
Do you have any other legal questions or need further clarification on this topic?
When delivery is to be made without moving the goods, unless otherwise agreed, title passes:
- d. when the goods are identified if they were not identified at the time of contracting.
This means that the title passes to the buyer at the time the goods are identified to the contract, provided they were not identified at the time the contract was made.
Do you have any other legal questions or need further clarification on this topic?
Article * of the Code does not:
Question 5Select one:
a.
apply to merchants whose principal business is the sale of merchandise from stock.
b.
include the transfer of a substantial part of equipment as a bulk transfer under any circumstances.
c.
apply to sales of goods in the ordinary course of business.
d.
define "bulk transfer" as any transfer in bulk and not in the ordinary course of business.
e.
All of the answers are correct.
Case Rating: *
Article * of the Uniform Commercial Code (UCC) generally deals with bulk sales and transfers. The correct answer is:
e. All of the answers are correct.
If you have any other questions or specific legal issues you'd like to discuss, feel free to ask!
Article * of the Uniform Commercial Code (UCC) generally deals with bulk sales and transfers. The correct answer is:
e. All of the answers are correct.
If you have any other questions or specific legal issues you'd like to discuss, feel free to ask!
With regard to Article * of the Uniform Commercial Code, which of the following is accurate?
Question 7Select one:
a.
None of these are accurate.
b.
The National Conference of Commissioners on Uniform State Laws and the American Law Institute jointly issued a recommendation stating "that changes in the business and legal contexts in which sales are conducted have made regulation of bulk sales necessary."
c.
All of these are accurate.
d.
Article * is a revision of Article *.
e.
Nearly all of the states have repealed Article * of the UCC
Case Rating: *
The correct answer to the question regarding Article * of the Uniform Commercial Code is:
e. Nearly all of the states have repealed Article * of the UCC
If you have any other questions or need further legal information, feel free to ask!
The correct answer to the question regarding Article * of the Uniform Commercial Code is:
e. Nearly all of the states have repealed Article * of the UCC
If you have any other questions or need further legal information, feel free to ask!
At common law, the risk of loss or damage to goods identified under a contract of sale falls upon:
Question 8Select one:
a.
the seller.
b.
the designated party as determined by the court.
c.
the party who had title or ownership of the goods at the time of the loss or damage.
d.
the buyer.
Case Rating: *
Under common law, the risk of loss or damage to goods identified under a contract of sale typically falls upon:
- c. the party who had title or ownership of the goods at the time of the loss or damage.
Do you have any specific legal issues or questions related to this topic?
Under common law, the risk of loss or damage to goods identified under a contract of sale typically falls upon:
- c. the party who had title or ownership of the goods at the time of the loss or damage.
Do you have any specific legal issues or questions related to this topic?
Mark, a college student, agreed to sell his horse to Henry for $*,*. The contract required Mark to take the horse on that same day to Idlewild Stables where Henry was going to board the horse. Henry paid Mark the money, patted the horse and said, "I'm glad you're mine, you beauty," and drove off. Mark then led the horse into the trailer and set off for the two-hour drive to Idlewild. Has there been a sale?
Question 9Select one:
a.
No, not until delivery to Idlewild.
b.
No, not until Henry sees the horse again.
c.
Yes, since Henry already paid for it.
d.
Yes, since the contract was made earlier in the day.
Case Rating: *
To answer your multiple-choice question:
- d. Yes, since the contract was made earlier in the day.
According to the Uniform Commercial Code (UCC), a sale is considered complete when the contract is made, and payment is exchanged. Delivery is not a requisite condition for the sale itself, though it may affect other aspects like risk of loss.
For a more detailed understanding or specific legal advice, consulting a local attorney would be beneficial. Do you have any other legal questions or need further clarification?
To answer your multiple-choice question:
- d. Yes, since the contract was made earlier in the day.
According to the Uniform Commercial Code (UCC), a sale is considered complete when the contract is made, and payment is exchanged. Delivery is not a requisite condition for the sale itself, though it may affect other aspects like risk of loss.
For a more detailed understanding or specific legal advice, consulting a local attorney would be beneficial. Do you have any other legal questions or need further clarification?
If the goods that are the subject of a sale are in the possession of a bailee and are to be delivered without being moved, when does the risk of loss pass to the buyer?
Question 10Select one:
a.
At such time as the buyer receives the negotiable document of title.
b.
At such time as the contract of sale was entered.
c.
When the seller tenders a nonnegotiable document of title to the bailee.
d.
When the bailee is orally notified of the sale.
Case Rating: *
The correct answer to your question is:
- a. At such time as the buyer receives the negotiable document of title.
Under the Uniform Commercial Code (UCC), if goods are in the possession of a bailee and are to be delivered without being moved, the risk of loss passes to the buyer when they receive the negotiable document of title.
If you have any other legal questions or need further clarification, feel free to ask!
The correct answer to your question is:
- a. At such time as the buyer receives the negotiable document of title.
Under the Uniform Commercial Code (UCC), if goods are in the possession of a bailee and are to be delivered without being moved, the risk of loss passes to the buyer when they receive the negotiable document of title.
If you have any other legal questions or need further clarification, feel free to ask!
A sale exists after the buyer takes:
Question 11Select one:
a.
the risk of loss on the goods.
b.
an insurable interest in the goods.
c.
a special property interest in the goods.
d.
the title to the goods.
Case Rating: *
A sale is considered to exist after the buyer takes the title to the goods.
Would you like to discuss a specific legal issue or need further clarification on this topic?
A sale is considered to exist after the buyer takes the title to the goods.
Would you like to discuss a specific legal issue or need further clarification on this topic?
A sale exists after the buyer takes:
Question 11Select one:
a.
the risk of loss on the goods.
b.
an insurable interest in the goods.
c.
a special property interest in the goods.
d.
the title to the goods.
Case Rating: *
The correct answer is:
d. the title to the goods.
This means that a sale is considered to exist when the buyer takes title to the goods.
Do you have any other legal questions or need further clarification on this topic?
The correct answer is:
d. the title to the goods.
This means that a sale is considered to exist when the buyer takes title to the goods.
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Tender requires that the seller, at a reasonable time:
Question 12Select one:
a.
all of these.
b.
put and hold conforming goods at the buyer's disposition.
c.
keep the goods available for a reasonable period of time.
d.
give notice to the buyer that the goods are available.
Case Rating: *
The answer to your question is:
b. put and hold conforming goods at the buyer's disposition.
This is because, under the Uniform Commercial Code (UCC), tender of delivery requires the seller to put and hold conforming goods at the buyer's disposition and give the buyer any necessary notice to enable them to take delivery.
Do you have any other legal questions or need further clarification on this topic?
The answer to your question is:
b. put and hold conforming goods at the buyer's disposition.
This is because, under the Uniform Commercial Code (UCC), tender of delivery requires the seller to put and hold conforming goods at the buyer's disposition and give the buyer any necessary notice to enable them to take delivery.
Do you have any other legal questions or need further clarification on this topic?
Under the CISG:
Question 13Select one:
a.
All of the answers are correct.
b.
if the sales contract does not involve carriage of the goods, the risk of loss passes to the buyer when the goods are tendered to him.
c.
loss of, but not damage to, the goods after the risk of loss has passed to the buyer discharges the buyer from the obligation to pay the purchase price.
d.
if the sales contract involves the carriage of the goods and the seller is not obligated to hand them over at a particular destination, risk of loss passes to the buyer when the goods are handed over to the first carrier.
Case Rating: *
The correct answer under the CISG is:
- a. All of the answers are correct.
Would you like more information on any specific aspect of the CISG or another legal topic?
The correct answer under the CISG is:
- a. All of the answers are correct.
Would you like more information on any specific aspect of the CISG or another legal topic?
Which of the following is necessary to be considered a good faith purchaser?
Question 14Select one:
a.
The purchaser must give value for the item.
b.
All of these are necessary.
c.
The purchaser must take the goods without notice or knowledge of any defect in the title of the transferor.
d.
The purchaser must act honestly.
Case Rating: *
The necessary conditions to be considered a good faith purchaser are:
- The purchaser must give value for the item.
- The purchaser must take the goods without notice or knowledge of any defect in the title of the transferor.
- The purchaser must act honestly.
Therefore, the correct answer is b. All of these are necessary.
The necessary conditions to be considered a good faith purchaser are:
- The purchaser must give value for the item.
- The purchaser must take the goods without notice or knowledge of any defect in the title of the transferor.
- The purchaser must act honestly.
Therefore, the correct answer is b. All of these are necessary.
Which of the following is true regarding identification of the goods under Article *?
Question 15Select one:
a.
Identification of fungible goods occurs when the seller separates the contracted units from the whole.
b.
Identification of existing goods gives the buyer a special property right.
c.
All of these are correct.
d.
Only the buyer can identify the goods.
Case Rating: *
For your question regarding identification of the goods under Article *, the correct answer is:
c. All of these are correct.
Would you like to discuss any specific legal issue or need further clarification on this topic?
For your question regarding identification of the goods under Article *, the correct answer is:
c. All of these are correct.
Would you like to discuss any specific legal issue or need further clarification on this topic?
Alex sees Mona's ring, and he thinks it is very valuable. He uses physical duress to cause her to give him the ring, and he quickly sells it to unsuspecting Hanna's Antique Jewelry Shop for $*,*. A month later, Mona discovers her ring on sale at Hanna's. Can Mona get the ring back?
Question 16Select one:
a.
Yes, since Alex had voidable title to the ring.
b.
Yes, since a true owner can always recover her own property.
c.
No, since Hanna was a good faith purchaser for value.
d.
Yes, since Alex had void title to the ring.
Case Rating: *
In this scenario, the correct answer is likely:
d. Yes, since Alex had void title to the ring.
When property is obtained by theft through physical duress, the thief (Alex) has void title, meaning he has no legal right to transfer ownership. Therefore, even though Hanna's Antique Jewelry Shop purchased the ring in good faith, they cannot acquire valid title from someone who doesn't have it. Mona, as the true owner, can recover her property.
If you have any specific details or further questions about this situation, feel free to ask!
In this scenario, the correct answer is likely:
d. Yes, since Alex had void title to the ring.
When property is obtained by theft through physical duress, the thief (Alex) has void title, meaning he has no legal right to transfer ownership. Therefore, even though Hanna's Antique Jewelry Shop purchased the ring in good faith, they cannot acquire valid title from someone who doesn't have it. Mona, as the true owner, can recover her property.
If you have any specific details or further questions about this situation, feel free to ask!
Amanda ordered fifty personalized sweatshirts from King Manufacturing Company. After the shirts were specially imprinted, but before they were mailed, Amanda called King Manufacturing to disavow the contract. The next day the sweatshirts were stolen. In this case:
Question 17Select one:
a.
King Manufacturing will have to bear the entire loss, because it had not yet mailed the shirts.
b.
Amanda must pay the entire purchase price, because she breached the contract.
c.
King must first seek payment from its insurance carrier, and then collect from Amanda for any amount not covered by insurance.
d.
Amanda must bear the entire loss, because the shirts were identified to the contract.
Case Rating: *
In this scenario, Amanda's disavowal of the contract, combined with the fact that the sweatshirts were identified to the contract but not yet mailed, raises interesting points under the Uniform Commercial Code (UCC) as adopted in Indiana. Generally, the risk of loss remains with the seller until the goods are delivered to the carrier, unless the buyer has breached the contract.
Here are the relevant points:
- UCC Section *-*: The seller can sue for the price if the goods are identified to the contract and the buyer breaches.
- UCC Section *-*: Risk of loss remains with the seller if the buyer rightfully rejects goods or revokes acceptance.
Based on these points:
- Amanda must pay the entire purchase price, because she breached the contract (Option b).
If you need more specific legal advice or want to explore further, consider consulting a local attorney. Do you have any further questions or need more information on this topic?
In this scenario, Amanda's disavowal of the contract, combined with the fact that the sweatshirts were identified to the contract but not yet mailed, raises interesting points under the Uniform Commercial Code (UCC) as adopted in Indiana. Generally, the risk of loss remains with the seller until the goods are delivered to the carrier, unless the buyer has breached the contract.
Here are the relevant points:
- UCC Section *-*: The seller can sue for the price if the goods are identified to the contract and the buyer breaches.
- UCC Section *-*: Risk of loss remains with the seller if the buyer rightfully rejects goods or revokes acceptance.
Based on these points:
- Amanda must pay the entire purchase price, because she breached the contract (Option b).
If you need more specific legal advice or want to explore further, consider consulting a local attorney. Do you have any further questions or need more information on this topic?
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