Business Law- Chapter 17

the piano and the gold ring

Jack sells a grand piano to Kyle for $5,000 and a gold ring to Lauren for $999. A writing is required to enforce the sale of

False

Tangible property has conceptual existence and not a physical existence

True

The UCC permits acceptance of an offer to buy goods by a prompt shipment of nonconforming goods to the buyer

False

The UCC requires that the mirror image rule be followed for all acceptances

a lease

Marine Expeditions, Inc., pays Nate's Boats $4,000 to use an oceangoing vessel for a month. For the purposes of the UCC, this is

True

Under the UCC, an oral contract for a sale of goods is enforceable once goods have been received and accepted

True

Under the UCC, an oral contract subject to the Statute of Frauds will be enforceable if there is evidence of partial performance

False

Under the UCC, in the case of a dispute, any missing terms cannot be proved by external evidence

False

A contract for the lease of goods involving total payments of $500 or more needs to be in writing to be enforceable

False

A firm offer in writing by a merchant is revocable at any time before acceptance

Quantity Term

Auto Body & Paint Company orders custom paint from Best Hues Inc., but Best does not deliver. Auto Body will probably be unable to enforce the agreement if the parties omitted

a promise to ship or a prompt shipment of the goods

Clean Mouth Clinic offers to buy from Dental Supplies Company a certain quantity of floss and other items for a certain price. Dental can accept the offer by

course of dealing

Farmers Produce, Inc., and Growers Market enter into a contract for the delivery of locally grown fruits and vegetables. The parties use a standard Farmers Produce form that contains some of the terms the parties agree on but not others. Some of the produce spoils before it can be cooked, served, and eaten, or sold. Growers Market refuses to pay for the spoiled goods. Farmers Produce responds that it has never waived payment for spoiled goods in the past. Farmers Produce is arguing that the court should take into account

the usage of trade

Farmers Produce, Inc., and Growers Market enter into a contract for the delivery of locally grown fruits and vegetables. The parties use a standard Farmers Produce form that contains some of the terms the parties agree on but not others. Some of the produce spoils before it can be cooked, served, and eaten, or sold. Growers Market refuses to pay for the spoiled goods. Growers Market contends that the practice in the trade with respect to payment for spoiled produce justifies its refusal to pay. Growers Market is arguing that the court should take into account

False

Growing crops are not considered goods.

False

If the quantity term is left open in a contract for a sale of goods, there still is a basis for determining a remedy

True

In certain situations, the UCC imposes special rules on merchants.

the new terms of the acceptance.

Rice Lake Farms offers to sell Sensei Sushi Restaurants, Inc., five hundred bushels of rice. Sensei responds, "We agree to buy five hundred bushels only if the rice is Grade A quality." Without more, their contract is formed according to

agree to whatever terms they wish

Sara and Tim enter into a contract for a sale of orchids. With respect to the specific contractual provisions set out in the UCC, these parties may

True

To the extent that it has not been modified by the UCC, the common law applies to sales contracts.