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Exam 19: The Formation of Sales and Lease Contracts

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Question 21

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The UCC promotes commerce by simplifying and streamlining commercial transactions.

A) True
B) False

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Question 22

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Parties to sales and lease contracts are not free to agree to terms different from those stated in the UCC.

A) True
B) False

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Question 23

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

Under a contract with Assemble Inc. for the delivery of a shipment of TV sets, Buyers Store refuses to pay for sets with cracked cases. Assemble files a suit against Buyers, claiming that the defendant assumed the risk of damaged goods. The court may allow evidence of this term if it finds that the parties' contract is

Skyscape LLC regularly engages in the business of leasing construction equipment, primarily to commercial contractors. Tilde, a consumer, leases a backhoe from Skyscape to landscape the property at her home. The price is less than the amount set by state statute. Under the UCC, the deal with Tilde is

To qualify as a sale under the UCC, the price in the transaction must be payable in cash.

Embers Corporation orders twelve fire extinguishers from Firefighting Equipment Inc., which delivers the goods. This is most likely

An agreement for the temporary use of goods for a personal, family, or household purpose in exchange for payment does not fall under the UCC.

Speedy Trucking Inc. and Trailer Rents LLC are parties to an oral agreement for a one-year lease of six doublewides with payments totaling more than $40,000. They may satisfy the Statute of Frauds by

An auto lease between a consumer and a car dealer is not governed by the UCC because the statute applies only to transactions between merchants.

The UCC states that an agreement sufficient to constitute a contract cannot exist if the moment of its making is undetermined.

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 Distribution's form automatically become part of the contract unless

Acceptance of an offer to lease goods can be made by any means reasonable under the circumstances, including a prompt shipment of the goods.

Refined Metals Company and Superior Fabrication, Inc., enter into a contract under which Refined agrees to deliver a certain quantity of sheet metal to Superior each month. The contract does not include a price term. In a suit between the parties over the price, a court will

Under the UCC, contract modifications extorted by one contracting party from the other party are in bad faith but enforceable.

Bon, an agent for City Motors Inc., e-mails Dale on May 1 that the dealer will sell her a 2018 Ford pick-up truck for $25,000 between May 1 and July 1. Bon's offer to Dale is

A contract for a sale of natural gas is a contract for a sale for goods.

Talk Inc. offers to buy from Ultra Corporation 1,000 phones with certain features. Without notifying Talk, Ultra timely ships phones with fewer features. With respect to the offer, this shipment is an acceptance and

In response to an order for a hundred baseballs, the shipment of a hundred basketballs is both an acceptance of the offer and a breach of the contract.

With respect to a contract for a sale of goods, when its express terms cannot be construed as reasonably consistent with the parties' course of performance and course of dealing, and the usage of trade, the UCC gives priority to