비지니스로우 8

If parties to a contract dispute a missing term, the court could simply fill in the missing term using the ___________ provisions of the UCC.

Gap-Filler

If a sales contract requires the seller to ship the goods by carrier and specifies the destination, the risk of loss passes to the buyer when the

carrier tenders the goods to the buyer at the specified destination

Which of the following is governed by Article 2 of the UCC?

A contract for sale of office supplies

Which of the following will NOT create an express warranty under the UCC?

Expressing an opinion about the quality of the goods

Rylen develops a new type of software and asks you how to go about making money through distribution of it. Rylen has been told to sell the software as opposed to issuing licenses for its use. What should you tell Rylen?

By licensing, rather than by selling, a software vendor can avoid the doctrine of first sale, which allows a lawful owner to sell or otherwise dispose of the copy.

Unless the parties opt out its provision, the _________will apply to most international sales of goods.

CISG

Chris sold Whitney a home containing a wood stove which could not be removed from the home without causing substantial damage. Shortly after the sale, Whitney sustained significant smoke damage due to a malfunction of the stove. Whitney told Chris of the intention to sue under the UCC. Chris told Whitney that was not possible. Which of the following is true?

Chris is correct because the stove would likely be a fixture not coverd by the UCC

For which of the following would an electronic signiture be invalid under both UETA and E-sign?

Contract relating to matters of family law

Under 2-711 of the UCC, a buyer has a remedy called "cover". What is cover and when can it be used?

Cover applies when nonconforming goods are delivered to the buyer, giving the buyer the right to cancel the contract and buy the goods elsewhere with reimbursement for any extra cost.

Panya sold Judy a used car for $1000. Their contract provided that the engine in the car was in good shape, a true statement as fas as Panya knew. Unfortunately, the day after Judy purchased the car, it broke down and was discovered to have significant engine problems. Judy wanted a refund. Panya said Judy was not entitled to a refund because Panya did not lie and had not known anything was wrong with the car. Which of the following is true?

Judy is entitled to a refund because of a breach of an express warranty

In a state that had adopted the Uniform Electronic Transactions Act, Kiera and Ben entered into a contract whereby Ben would clean Kiera's house once a week for eighteen months for $75 per week. The transaction was done electronically and both Kiera and Ben signed through the use of electronic signature. Unfortunately, problems resulted when Ben failed to show up as scheduled. Ben told Kiera that the contract was not good because his signature was made electronically. Kera told him that he was wront and that he needs to get up to date with the modern age. Which of the following is correct regarding the dispute?

Kiera is correct that her electronic signature is sufficient.

Rene owns a small restaurant that sells hamburgurs as one of its main attractions and puts up a sign that says "Best Burgers in the Country". Marion does an exhaustive investigation of all restaurants in the country and asks friends to do the same. They all determine that actually a restaurant run by their friend Sam has the best burgers in the country. Marion tells Rene that unless the sign is removed, Rene could be sued for breach of warranty and false advertising/ Rene tells Marion no one has cause of action. Who is correct?

Marion is incorrect because Rene was engaged in "puffing"

______________do not relieve a contracting party from their responsibilities under the UCC doctrine of commercial impracticability.

Market fluctuations

Which of the following is NOT a type of warranty under the UCC?

Specific performance (Warranty 맞는건 1. Express, 2. Fitness of a particular purpose 3. Merchantability)

Which of the following is true regarding the UETA in relation to E-sign Act?

The UETA and also the E-sign Act exclude wills from their coverage

To which of the following does the term "battle of the forms" refer?

The situation in which parties have neglected to bargain over items and then exchange standard printed forms, resulting in confusion regarding the terms of the contract

Which of the following is true regarding the UCC's Statute of Frauds?

The writing must be signed by the party to be charged, not necessarily by all parties.

Which of the following is an example of a statement made by a salesperson that would considered "puffling"?

This copier is the best in the business

In the Case 8.2 MacNeil subcontracted with Canon Automotive to provide floor mats on automobiles. MacNeil claimed the mats were defective and breached the express warranty. What was the main question before the court?

Was the sales talk puffery or an express warranty?

Browse-wrap agreement appears on a websitse and

does not require the user to take any action to express consent to the agreement

The courts that have considered click-wrap licenses have generally found that the licenses are

enforceable

With a shrink-wrap license, the user will:

find the license terms on the outside of a box containing software

Under Section 2-207(2), if only one party is a merchant, an acceptance containing additional terms

is considered a proposal for additions to the contract

Under the Convention of Contracts for the International Sales of Goods (CISG), an offer becomes effective when

it reaches the offeree

Unless specified otherwise, UCC section 2-509 places risk of loss on the party controlling the goods at the time loss occurs, because that party is better able to take precautions to protect the goods and to insure against loss. As a result. a party:

may bear the risk of loss even if it does not hold title to the goods at the time of loss

Under the UCC, a firm offer only applies to

merchants

In highly concentrated industries with few competition, all the sellers may offer the same unfair contracts on a "take-it-or-leave-it" basis, known as an adhesion contract and an example of

procedual unconscionability

A contract is _________________ when one party is induced to enter a contract without having any meaningful choice

procedurally unconscionable

Under the UCC, the ______term(s) must be in a writing order to satisfy the statute of frauds

quantitiy

UCC Section 2-319 expressly authorizes the buyer and seller to allocate the _______________ between them as they see fit.

risk of loss

If the contracted goods are unique and fail to be delivered, the buyer can ask a cour under 2-716 of the UCC to order:

specific performance

A contract is ___________ if its terms are unduly harsh or oppressive or unreasonably favorable to one side.

substantially unconscionable

When the seller provides the buyer with a document enabling the pickup of goods held at an independent warehouse, the risk of loss passes to buyer when

the buyer receives the document entitling it to pick up the goods

According to the UCC, if no amount of time is specifically stated, a firm offer provided by a merchant must be kept open for a reasonable period of time, up to

three months