In each of the questions below, the U.C.C. is quoted and a question is asked. When you submit your answers, please include the question. You may do further research on any of the issues, but do not copy material from other sources. You may paraphrase other sources only if you use proper APA citation method. Answer statement so your professor can determine whether you understand the material.

1. 2-206(a) states, "an offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances."

• Is an advertisement that states $1,000 cash back for those who qualify an offer?

2. 2-206(b) states, "an order or other offer to buy goods for prompt or current shipment shall be construed as inviting acceptance either by a prompt promise to ship or by the prompt or current shipment of conforming or non-conforming goods, but such a shipment of non-conforming goods does not constitute an acceptance if the seller seasonably notifies the buyer that the shipment is offered only as an accommodation to the buyer."

• A buyer offers a seller to pay for clothing goods if they are shipped by Friday to the buyer. Seller ships the clothing on Friday and the shipment is received on the following Tuesday. Did the seller accept the offer?

3. According to 2-205, a firm offer is an offer which by its terms "gives assurance that it will be held open is not revocable, for lack of consideration, during the time stated or if no time is stated for a reasonable time, but in no event may such period of irrevocability exceed three months..."

• A merchant offers a particular laptop computer for sale for a reduced price and declares that it is a firm offer open for the next three months. The merchant then runs out of labtop computers before the sale ends. A consumer comes into the merchant's store to buy the laptop offered. Does the merchant owe the consumer the laptop?

4. According to 2-206(b), acceptance occurs when "an order or other offer to buy goods for prompt or current shipment shall be construed as inviting acceptance either by a prompt promise to ship or by the prompt or current shipment of conforming or non-conforming goods, but such a shipment of non-conforming goods does not constitute an acceptance if the seller seasonably notifies the buyer that the shipment is offered only as an accommodation to the buyer."

• A seller ships 1,000 books to a buyer. The books are not bound in leather as was specified in the contract. What can the buyer do?

5. 2-513 states, "the buyer has a right before payment or acceptance to inspect [the goods] at any reasonable place and time and in any reasonable manner."

• The buyer of a shipment of grapes inspects the grapes a week after receiving them and finds they are not sweet tasting enough. The buyer sends them back to the seller saying they are not accepted. Is that a reasonable time? Why?

6. 2-311, concerning performance, dictates that: "An agreement for sale which is otherwise sufficiently definite (subsection (3) of Section 2-204) to be a contract is not made invalid by the fact that it leaves particulars of performance to be specified by one of the parties. Any such specification must be made in good faith and within limits set by commercial reasonableness."

• A merchant sells a shipment of furniture to a buyer, but the contract does not specify the date for receipt of the shipment. The merchant is the manufacturer and each piece of furniture is hand made and may take unspecified time to create. Is the contract valid or must it have an estimated delivery date?

7. 1-201 defines good faith as "honesty in fact and the observance of reasonable standards of fair dealing."

• A merchant knows he cannot produce enough bananas to fulfill a contract he is about to enter with a grocery store, but he is sure he will be able to get help from another merchant to fill the order. Will he be acting honest and with reasonable standards of fair dealing?

8. 2-315, describes the implied warranty of fitness for a particular purpose: "Where the sellerat the time of contracting has reason to know any particular purpose for which the goodsare required and that the buyeris relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose."

• A merchant contracted with a buyer for the sale of catamarans. The catamarans arrive, but the sails are missing. Are they fit for a particular purpose?

9. According to 2-306(2), "A lawful agreement by either the seller or the buyer for exclusive dealing in the kind of goods concerned imposes, unless otherwise agreed, an an obligation by the seller to use best efforts to supply the goods and by the buyer to use best efforts to promote their sale."

• Buyer agree contractually that for the next 5 years, buyer will only purchase bread from Seller. Seller agrees to ship 200 loaves of bread a month. In April of year 3, Seller only has 180 loaves of bread because his factory closed briefly due to a small fire. Seller ships the 180 loaves. Has the Seller used his best efforts? Is the contract now void?

10. In 2- 605(1) states: "The buyer's failure to state [a defect], in connection with rejection a particular defect which is ascertainable by reasonable inspection, precludes him from relying on the unstated defect to justify rejection or to establish breach:

1. 1. Where the seller could have cured it if stated seasonably; or
   2. Between merchants when the seller has after rejection made a request in writing for a full and final written statement of all defects on which the buyer proposes to rely."

• If a buyer of 100 computers inspected 20 of the computers and accepted delivery, finding nothing wrong with them, but ten days later discovers all the rest are misshaped (they don't lie flat on a tabletop), can the buyer sue for breach?