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Jill buys a refrigerator and pays the company to have it delivered. While the contract covers both a good and a service, this transaction is likely governed by: a. Article 2 of the UCC. b. common law. c. Article 2B of the UCC. d. Article 2A of the UCC.

a. Article 2 of the UCC

Collin offers to sell to Phillip an antique chest of drawers worth more than $2,500. Phillip agrees to buy the chest and signs a contract for the purchase. The price of the chest, however, is left out of the contract. Collin and Phillip have: a. a valid contract as long as the court can determine a reasonable price at the time for delivery. b. no contract because parties cannot leave the price term out of a valid contract under the UCC. c. a valid contract, only if Phillip is able to produce evidence that Collin defrauded him. d. a valid contract, only if Collin refuses to name a price.

a. a valid contract as long as the court can determine a reasonable price at the time for delivery.

Charlotte, who is from the United States, and Pierre, who is from France, have negotiated a contract that includes a provision establishing where a dispute will be litigated, otherwise known as a: a. choice-of-forum clause. b. choice-of-law clause. c. force majeure clause. d. choice-of-language clause.

a. choice-of-forum clause.

Alyssa wants to purchase two large tents for use at family social events, but she doesn't have the cash necessary to buy the tents. She convinces the owner of Ajax Supplies, an outdoor equipment store, to lease the tents to her. They have created a: a. consumer lease. b. finance lease. c. utility lease. d. trade usage lease.

a. consumer lease.

Thornton, who makes commercial signs, agrees over the telephone to make a sign for Mason's business for $1,000. The sign will read "Mason's Mighty Muffin Shop." After Thornton makes the sign, Mason decides that he does not want it. The contract is: a. enforceable, even though the contract was oral. b. invalid because Thornton is a merchant and the Statute of Frauds applies. c. unconscionable. d. invalid because the contract was oral.

a. enforceable, even though the contract was oral.

Check My Work Tyler, who runs his business in the United States, enters into a contract with Abigail, a business owner in Australia. Tyler offers to sell factory equipment to Abigail for $30,000. Abigail responds that she will "take it, but you have to give me a warranty on top of it." Under the CISG, Tyler and Abigail have: a. no contract because of the mirror image rule. b. no contract because of the UCC. c. a contract for the factory equipment only. d. a contract for the factory equipment and the warranty.

a. no contract because of the mirror image rule.

Ferris is refinishing his kitchen floor and needs a floor sander to complete the job. Ferris's neighbor Gena suggests that he call Home Repair Rentals, Inc. Home Repair leases Ferris a floor sander. In this transaction, the lessor is a. ​Home Repair. b. ​Gena. c. ​Ferris. d. ​none of the parties.

a. ​Home Repair.

Check My Work Rice River 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." This statement is a. ​a counteroffer. b. ​an acceptance. c. ​a confirmation. d. ​a breach.

a. ​a counteroffer.

Rally Corporation enters into a contract to sell ski gear to Sno-Sports Inc., which sells a pair of the skis to Tyra, a consumer, who later sells them to Upton, another consumer. Article 2 of the UCC applies to the sales transactions between a. ​all of the buyers and sellers. b. ​Sno-Sports and Tyra only. c. ​Rally and Sno-Sports only. d. ​Tyra and Upton only.

a. ​all of the buyers and sellers.

Omni Metals Company and Piecework Fabrication, Inc., enter into a contract under which Omni agrees to deliver a certain quantity of sheet metal to Piecework each month. The contract does not include a price term. In a suit between the parties over the price, a court will a. ​determine a reasonable price at the time for delivery. b. ​impose the lowest market price. c. ​impose the highest market price. d. ​return the parties to the positions they held before the contract.

a. ​determine a reasonable price at the time for delivery.

In a dispute over a sale involving a bicycle, Dain argues that as to this deal Ed's Hobby Shop, where Dain bought the bike, is a merchant. A court may determine whether Ed's is a merchant by assessing whether a. ​it holds itself out by occupation as having knowledge or skill unique to the bike in the transaction. b. ​it subscribes to Bike, a biweekly trade magazine. c. ​it has sold any bikes within the last year. d. ​its owner enjoys biking

a. ​it holds itself out by occupation as having

Fresh Dairy, Inc., is the offeror and Gelato Ice Cream Company is the offeree under a unilateral sales contract in which Hector's Helado Corporation is also interested. Gelato is not notified of Fresh Dairy's performance within a reasonable time. Gelato a. ​may treat the offer as having lapsed. b. must notify Hector's.​ c. ​must contact Fresh Dairy. d. ​must assume that Fresh Dairy has started to perform.

a. ​may treat the offer as having lapsed.

Coffee Roasters, Inc., sells whole bean and ground coffee to Delicioso Deli under an existing contract. When the cost of coffee beans increases, Delicioso agrees to a price increase, but later wants to cancel the contract. Delicioso may a. ​not cancel the contract. b. ​cancel the contract only on reasonable notice. c. ​cancel the contract immediately. d. ​cancel the contract only after accepting a final shipment.

a. ​not cancel the contract.

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. Refer to Fact Pattern 20-1. Farmers Produce files a suit against Growers Market, claiming that the buyer assumed the risk of the spoilage of the unsold goods. The court may allow evidence of this term if it finds that the parties' contract is a. ​not fully integrated. b. ​none of the choices. c. ​a complete and final statement of their agreement. d. ​fully integrated.

a. ​not fully integrated.

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 a. ​the piano and the gold ring. b. ​neither the piano nor the gold ring. c. ​the gold ring only. d. ​the piano only.

a. ​the piano and the gold ring.

Bart orders 20,000 Class A widgets from Salvatore. Salvatore promptly ships to Bart 20,000 Class B widgets instead. Under the UCC, Salvatore has: a. made a counteroffer to Bart's offer. b. both accepted and breached the contract. c. accepted the contract and not breached the contract. d. not accepted the contract.

b. both accepted and breached the contract.

Curt enters into a contract with Drivers Lease Company for a three-year lease of a car. This contract is subject to a. ​none of the choices. b. ​Article 2A of the UCC. c. ​Article 11 of the CISG. d. ​the common law only.

b. ​Article 2A of the UCC.

County Dentists Clinic offers to buy from Dental & Medical Supplies Company a certain quantity of floss and other items for a certain price. Dental & Medical can accept the offer by a. ​a material alteration of the terms within a reasonable time. b. ​a prompt promise to ship or a prompt or current shipment of the goods. c. ​any of the choices. d. ​a shipment of nonconforming goods with a notice of accommodation.

b. ​a prompt promise to ship or a prompt or current shipment of the goods.

Car n' Truck Body & Paint Company orders custom paint from Diverse Hues Inc., but Diverse does not deliver. Car n' Truck will probably be unable to enforce the agreement if the parties omitted a. ​shipping arrangements. b. ​a quantity term. c. ​a price term. d. ​a delivery date.

b. ​a quantity term.

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 a. ​agree to different terms unless they "get caught." b. ​agree to whatever terms they wish. c. ​agree to different terms only to a reasonable extent. d. ​not agree to different terms.

b. ​agree to whatever terms they wish.

Janis owns an operating copper mine. She regularly sells the copper from her mine to Travis, who uses the raw materials in his factory. Their sales contracts are covered by: a. Article 2A of the UCC. b. the common law because they involve real property. c. Article 2 of the UCC. d. Article 3 of the UCC.

c. Article 2 of the UCC.

Oscar owns a jewelry store. Maura agrees to buy a watch for $3,150 that Oscar has ordered from Germany. Oscar and Maura fail to specify where delivery will take place. Under the UCC: a. Oscar must receive the watch at his own home, where Maura will pick it up. b. the open delivery term invalidates the contract. c. Maura must take delivery of the watch at Oscar's store. d. Oscar must deliver the watch to Maura's home.

c. Maura must take delivery of the watch at Oscar's store.

Gabby, who is planning to move, offers to sell her sofa to her friend Trent for $750. Trent says, "I'll take it, and I would like you to throw in the coffee table along with it." Under the UCC, Gabby and Trent have: a. no contract because of the mirror image rule. b. a contract for the sofa and coffee table. c. a contract for the sofa only. d. no contract because Gabby did not accept the counteroffer.

c. a contract for the sofa only.

Craig and Kathy are disputing a contract that a court has determined is fully integrated. Because of this finding, a court: a. may look to the terms and definitions as defined or used in the industry of the parties to give additional evidence to the meaning of the terms. b. may use the course of dealing between the parties to give additional evidence to the meaning of the terms. c. may not look at any additional evidence of the agreement. d. may look at the behavior of the parties to determine the meaning of the terms.

c. may not look at any additional evidence of the agreement.

Rita and Jim have signed several contracts between them, including a contract for the sale of a dining room set, the sale of several shares of stock, the sale of a small piece of real estate on the outskirts of town, and the sale of a portrait sitting. Of these four contracts, the UCC will govern the contract for the sale of: a. the portrait sitting. b. the shares of stock. c. the dining room set. d. the real estate.

c. the dining room set.

Josefina owns a condominium that she leases to Katrina. Josefina gives her daughter Lucia $450 on her sixteenth birthday. Josefina sells her car to her neighbor Maria for $1,500. UCC Article 2 covers a. ​the gift to Lucia. b. ​the lease with Katrina. c. ​the sale to Maria. d. ​all of the choices.

c. ​the sale to Maria.

Great Harvest Farms offers to sell Hearty Bakeries, Inc., fifty bushels of wheat. Hearty's representative Ilene responds, "We agree to buy fifty bushels only if the wheat is Grade A quality." Between Great Harvest and Hearty Bakeries a. ​a contract is formed. b. ​a contract is formed only if Great Harvest can deliver the wheat fast. c. ​Ilene's statement is not an acceptance. d. ​Ilene's statement is an acceptance.

c. ​Ilene's statement is not an acceptance.

Talk, Inc., offers to buy from Ultra Corporation 1,000 smartphones. Without notifying Talk, Ultra timely ships phones of a different quality. With respect to the offer and a possible contract, this shipment is an acceptance and a. ​a counteroffer. b. ​complete performance. c. ​a breach. d. ​an accommodation.

c. ​a breach.

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 a. ​a sale. b. ​an option contract. c. ​a lease. d. ​a merchant's firm offer.

c. ​a lease.

Containers, Inc., sends its standard order form to Distribution Corporation to evidence a sale of packing materials. Distribution responds with its own standard purchase order form. Additional terms in the purchase order automatically become part of the contract unless a. ​the offeror objects to the new terms within a reasonable time. b. ​the original offer expressly required acceptance of its terms. c. ​any of the choices. d. ​the terms materially alter the original contract.

c. ​any of the choices.

Check My Work Downtown Contractors LLC and Equipment Rental Corporation are parties to an oral agreement for a one-year lease of a crane with payments totaling more than $10,000. They may satisfy the Statute of Frauds by a. ​mutually agreeing not to commit fraud. b. ​repeating the terms in a phone call. c. ​setting out the terms in a memo. d. ​shaking hands on the deal.

c. ​setting out the terms in a memo.

Andrea is a famous rodeo competitor. She contracts with Wild Ride Horse Sales to purchase five pedigreed horses, which are designated by their registration numbers. In this contract, identification: a. State Conference of Commissioners on Uniform State Laws. b. Global Conference of Commissioners on Uniform State Laws. c. International Conference of Commissioners on Uniform State Laws. d. National Conference of Commissioners on Uniform State Laws.

d. National Conference of Commissioners on Uniform State Laws.

Adele decides to purchase several silver tea sets from Vaughn's gift store. In their sales contract, Adele and Vaughn do not specify how many silver tea sets Adele will purchase. They now have: a. a valid output contract. b. a valid contract with an open delivery term. c. a valid contract with an open price term. d. no contract at all.

d. no contract at all.

Daniel owns a small business that he is considering selling. He contracts with Blair, a business attorney, to provide him with legal advice on the sale of his business. Daniel's contract with Blair is governed by: a. Article 2 of the UCC. b. Article 2A of the UCC. c. Article 6 of the UCC. d. the common law of contracts.

d. the common law of contracts

Brian, an agent for Clarion Motors, Inc., writes a letter on behalf of Clarion Motors to Dina on November 1 stating that he will sell her a 2016 Subaru Outback for $20,000 between November 1 and December 31. Brian's letter to Dina is a. ​an option contract. b. ​an acceptance. c. ​none of the choices. d. ​a merchant's firm offer.

d. ​a merchant's firm offer.

Manufacturing Corporation orders twelve safety videos from Productions, Inc., which delivers the videos. This is most likely a. ​a lease of goods. b. ​a service contract. c. ​a gift. d. ​a sale of goods.

d. ​a sale of goods.

Jacob offers to sell Bill a collection of baseball cards. For their transaction to be a sale under the UCC, Bill a. ​must pay for the cards in cash. b. ​must pay the fair market value of the cards. c. ​must pay for the cards with services. d. ​may pay for the cards with cash, goods, or services.

d. ​may pay for the cards with cash, goods, or services.