Question
1. If a contract involves both goods and services, what test do courts use to apply the Uniform Commercial Code? a predominant-factor test (the mixed
1. If a contract involves both goods and services, what test do courts use to apply the Uniform Commercial Code?
a | predominant-factor test (the mixed contract is primarily a goods contract, so the UCC applies) | |
b | the UCC always controls and supercedes common law for every contract for goods and services | |
c | the tangible property test (the mixed contract is primarily a goods contract, so the UCC applies) | |
d | the intangible property test (the mixed contracts is primarily a services contract, so the UCC applies) |
2. In contrast with the common law "mirror rule," what happens under the UCC [UCC 2-207(1)] if the acceptance to a sales contract includes terms additional to or different from those in the offer?
a | a contract is formed if the offeree's response indicates a definite acceptance to the offer | |
b | no contract is formed; the terms are different so there is no meeting of the minds | |
c | a unilateral contract is formed by beginning performance | |
d | a quasi-contract is formed, and equitable remedies are available |
3. When does risk of loss passtothe buyer or lessee in a shipment contract?
a | when goods are properly unloaded from the ship | |
b | when goods are shipped | |
c | when goods are delivered to the carrier | |
d | when goods are tendered to the buyer or lessee at the specified destination |
4. What law governs contracts for the international sale of goods?
a | The 1990 United Nations Uniform Commerical Code (UN UCC) | |
b | The 1949 United Nations Geneva Conventions | |
c | Pirata Codex | |
d | 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) |
5. What is the term for a situation in which the personal property of one person is entrusted to another, who is obligated to return the property or dispose of it as directed? Think a warehousing or trucking company.
a | bailment | |
b | insurable interest | |
c | fungible goods | |
d | parol evidence |
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