1. Allan agreed to sell his 1959 Chevy to Susan. Allan later refuses to tender the car. Susan sues Allan. What is her best remedy

Cover

Specific Performance

Resell

Demand purchase price

2.

An advertisement for window cleaner read if applied correctly, this solution will keep the windows clear in all seasons, regardless of the weather. Ann bought the cleaner and applied it to her windows. During the fall season, the windows became abnormally glazed and were no longer clear. What is the likely result?

Ann will lose because no reasonable buyer should have relied on the advertisement.

The seller of the window cleaner created an implied warranty of fitness for particular purpose

The ad is mere puffing and did not create an express warranty

The ad created an express warranty and Ann is entitled to the value of her damaged windows.

3.

Randall Company and Sam Smith orally agree to the sale of 1,000 pencils at $.25 each. This contract is

Enforceable only if Sam is a merchant

Enforceable only if both Randall and Sam are merchants

Enforceable

Not enforceable

4.

Kaplan orally agree to purchase 1,000 vases that contain Kaplans custom hand painted logo for $15,000. Kaplan later has a dispute with the seller over the delivery date and cancels the contract. In court Kaplan argues that the contract is unenforceable because it is not in writing. What is the likely result?

Kaplan wins because contracts for the price of $500 or more must be in writing.

Kaplan loses if Kaplan has not yet paid for the goods.

Kaplan wins because oral contracts are not enforceable under the UCC Article 2

Kaplan loses because the UCC would enforce this contract

5.

Kaity, a college student, offer to sell her textbook to Mark, a fellow student. They both agreed that she would leave the book on a table in the student center available for Mark to pick up. The book is stolen from the table before Mark arrives. Because Mark already paid for the book, he sued Kaity for a refund. What is the likely result?

Mark loses, because the risk passed to him when Kaity placed the book on the table

Kaity loses because she received payment for the book and failed to deliver it

Mark loses because he should have exercised due diligence and promptly picked it up

Kaity loses, because Mark never took possession of the book