Ch 11 T/F Sales, Leases, and E—Contracts
Promises of fact made during the bargaining process are not express warranties.
F
The UCC imposes the same rules of conduct on merchants and consumers in all situations.
F
The doctrine of commercial impracticability only extends to problems that could have been foreseen.
F
The terms of a contract must have been read to be enforceable.
F
Under federal law, an electronic signature is as valid as a signature on pa¬per, without exceptions.
F
Under the Electronic Signatures in Global and National Commerce (E-SIGN) Act, an electronic document is not as valid as a paper document.
F
Under the UCC, a contract can be formed only on the terms of the original offer, not according to any additional terms of the acceptance.
F
Under the UCC, a contract for a sale of goods that includes an open delivery term is void.
F
Under the UCC, a seller can accept an offer to buy goods only by a prompt promise to ship the goods.
F
Under the UCC, an agreement modifying a contract "needs new consid¬eration to be binding."
F
Warranties of title do not arise in most sales contracts.
F
The Uniform Electronic Transactions Act (UETA) applies only to e-records and e-signatures relating to a transaction.
T
The term cure refers to the right of the seller to reject, adjust, or replace nonconforming goods.
T
The terms in a click-on agreement may be enforced if the parties expressly agreed to them.
T
Under the UCC, a sale occurs when title passes from a seller to a buyer for a price.
T
Unless the parties agree otherwise, the buyer must make payment at the time and place that the goods are received.
T
Until the time for performance under a contract expires, the seller has a right to cure.
T
If a contract for a sale of goods does not include a price term, there is no basis for enforcing it.
F
If a sales contract is unilateral, the offeror need not be notified of the of¬feree's performance.
F
A seller can terminate a contract on the basis of commercial impractica¬bility if in¬creases in the seller's costs threaten to undercut its profits.
F
A warranty of title cannot be disclaimed.
F
A written disclaimer can negate only implied warranties.
F
An express warranty cannot be limited.
F
An implied warranty of merchantability arises only in sales or leases between merchants.
F
An unpaid seller can bring an action to recover the purchase price, on the buyer's breach of a contract, only if the goods are first disposed of.
F
A buyer cannot accept goods that fail in any respect to conform to the terms of a contract in every detail.
F
A buyer may reject a seller's goods only if they fail to conform to a mate¬rial term of the contract.
F
A contract for a sale or lease of goods must be in writing to be enforceable.
F
If a seller wrongfully refuses to deliver goods that conform to a contract, the buyer may recover damages.
T
A buyer can accept an offer by any means reasonable under the circumstances.
T
A buyer who obtains substitute goods to replace goods that a seller did not deliv¬er can also recover damages from the seller.
T
An expression of opinion by a seller will not usually create a warranty.
T
An implied warranty can arise from a course of dealing or usage of trade.
T
Any electronic symbol, adopted by a person with the intent to sign an e-record, is an e-signature.
T
If a buyer wrongfully refuses to accept goods that conform to a contract, the seller may recover damages.
T
