Question
1) Evelyn contracts to buy 100 boxes of glassware from Kim. Just before Kim is to perform, Evelyn tells her that she won't accept the
1) Evelyn contracts to buy 100 boxes of glassware from Kim. Just before Kim is to perform, Evelyn tells her that she won't accept the goods and won't pay for them. Ten minutes later, Evelyn calls her back and says that she'll go through with the deal after all. During the ten minute interval, Kim had not done anything. Kim, however, tells Evelyn that she won't deal with one so unprofessional, and that the deal is off.
A.Kim may not cancel because she did not rely on Evelyn's anticipatory repudiation.
B.Kim may not cancel because Evelyn had an option contract.
C.Kim may cancel because of Evelyn's anticipatory repudiation.
D.Kim may cancel because of Evelyn's nonconforming conduct.
2) Vanessa ordered ten cartons of red and green paper goods from her vendor, Isaiah for the Christmas season. When the goods arrived, they were orange and black. Under these circumstances, Isaiah has a right to cure; Vanessa cannot simply cancel the agreement.
A.True
B.False
3) If the goods delivered by the seller do not conform to the contract, the buyer may:
A.reject all of the goods
B.accept all of the goods
C.accept any commercial units and reject the rest
D.Any of the above
4) Under the UCC (and unlike common law rules), consideration is not required to support a modification or rescission of a contract for the sale of goods.
A.True
B.False
5) Sheila entered a contract with Colleen for Colleen to supply 100 bolts of linen for Sheila's business. Subsequent to their written agreement, Sheila told Colleen that she need the linen earlier than the contract provided. Colleen agreed. Subsequently, Colleen billed for the original contract price plus a 10% "rush charge" that they had not previously discussed.
A.Sheila will probably not have to pay the additional fee. It was not agreed upon and, unlike common law, contract modifications under the UCC need not be supported by additional consideration.
B.Sheila will probably have to pay the additional fee; otherwise the contract modification is invalid since it lacks consideration.
C.Sheila will probably have to pay the additional fee; it was simply an articulation of their agreement.
D.Sheila will probably not have to pay the additional fee. It is not usual or customary practice to charge such fees.
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