A buyer who properly rejects goods
Question 1A buyer who properly rejects goods:Answera.can do so by sending the goods back in any manner.b.must notify the seller of the rejection within a reasonable time.c.must pay the costs of returning the rejected goods.d.None of the above.7 pointsQuestion 2Which of the following is NOT a remedy available to the buyer?Answera.Cure.b.Specific performance.c.Cover.d.Liquidated damages.7 pointsQuestion 3If a contract does not provide for a time for inspection, the UCC allows inspection:Answera.in a reasonable time.b.within 10 days of delivery.c.within 3 days of delivery.d.the same day as delivery.7 pointsQuestion 4If a seller cures within a reasonable amount of time:Answera.the buyer retains the right to cover.b.the contract has been performed.c.the buyer retains the right to sue the seller for consequential damages.d.the contract is voidable at the buyer’s option.7 pointsQuestion 5Neon orders one thousand 25-foot nylon ropes from Hang’em High Co. Upon inspection of the delivery, Neon learns that Hang’em sent five hundred 25-foot ropes and five hundred 20-foot ropes. Neon may:Answera.seek an installment contract.b.accept the 500 conforming ropes and reject the 500 nonconforming ropes.c.demand that Hang’em send 500 additional 25-foot ropes.d.declare an anticipatory repudiation.7 pointsQuestion 6A buyer may revoke an acceptance of goods if:Answera.the buyer knew the nonconformity could not be cured.b.the buyer thought they could easily cover.c.the nonconformity does not impair the value of the goods.d.the buyer had a legitimate reason for the initial acceptance.7 pointsQuestion 7Which of the following statements is not true regarding the buyer’s right to cover?Answera.The measure of damages in a cover is the difference between the cover price and the contract price.b.Consequential damages can be recovered in addition to the cover damages.c.Cover must be done by reasonably obtaining substitute goods.d.The buyer must cover.7 pointsQuestion 8Under the UCC, the seller’s right to correct a shipment of non-conforming goods is called:Answera.cover.b.cure.c.retender.d.correction.7 pointsQuestion 9Under the doctrine of commercial impracticability, which situation would not excuse the seller’s performance?Answera.The seller’s workforce is out on an unexpected strike.b.The seller cannot deliver because severe flooding wiped out three-fourths of the state’s produce.c.The seller forgot to include the cost of freight in a C&F contract.d.The seller’s source of supply is no longer available because of a governmental embargo prohibiting an export from another country.7 pointsQuestion 10Reba orders a pair of custom-made cowboy boots, C.O.D. from Home on the Range Western Wear. When the boots arrive, Reba pays the carrier for the boots, then opens the package, only to discover that the boots are the wrong snake skin color and three sizes too big. At this point:Answera.she is entitled to inspect the goods after payment (due to the C.O.D. terms) and she can reject the boots because they are nonconforming.b.Reba cannot revoke the acceptance, because the wrong color and size of the boots are not substantial impairments.c.Home on the Range can allege that Reba did not conduct a proper inspection; therefore, though Home on the Range must cure, Reba is obligated to pay for the return of the incorrect boots and the shipment of replacement boots.d.None of the above.7 pointsQuestion 11Buyer Bob breaches his contract for the sale of goods with Seller Suzie. Suzie still has possession of the goods at the time of the breach. Suzie can refuse to deliver the goods and:Answera.either resell the goods or sue, but not both.b.resell the goods and sue Bob for the total contract price.c.resell the goods and sue for any loss on the sale plus incidental damages less expenses saved.d.resell the goods and sue only for incidental damages.7 pointsQuestion 12If a buyer does not receive goods by the contract deadline, remedies available include:Answera.incidental and consequential damages.b.cover.c.damages for non-delivery.d.All of the above.7 pointsQuestion 13Meister Bros. shipped 250 radiator belts to fill Braybon’s order. Quality control measures had been in place in Meister’s factory when the belts were manufactured. When Braybon received the order one day before it was due, it notified Meister that it rejected the belts because of a variation from the contract specifications. Meister, although it believed the original belts met the contract specifications, notified Braybon that it would supply conforming goods within one week. When the conforming goods arrive in one week:Answera.Braybon should accept them because Meister Bros. has a right to cure even after the contract deadline under these circumstances.b.Braybon does not have to accept them because Meister Bros. only has one chance to fill the order correctly.c.Braybon does not have to accept them because the contract deadline has passed.d.Braybon does not have to accept them because Meister Bros. failed to meet its UCC requirement to deal in good faith.7 pointsQuestion 14A buyer who accepts goods but notifies the seller the goods are non-conforming:Answera.cannot recover any damages.b.can recover the difference between the goods as promised and as delivered, plus incidental and consequential damages.c.cannot recover incidental damages.d.cannot recover consequential damages.7 pointsQuestion 15Tim has been remodeling his restaurant for over three months. He ordered 80 brand new white chairs from Chairs, Inc. to be delivered by July 15. On July 2, Tim receives 80 black chairs. As of July 3, Chairs, Inc.:Answera.may cure before July 15.b.may be sued by Tim as they have breached the contract.c.may resell the white chairs.d.all of the abov