True or False

91.) If a sales contract is silent as to the place of delivery, the Uniform Commercial Code states that delivery is to take place at the buyer's place of business, if the buyer has a place of business. If the buyer has no place of business, delivery is to take place at the buyer's residence.

92.) When a seller receives a purchase order calling for prompt shipment of the goods, the seller may promptly ship nonconforming goods without being in breach of the contract, provided that the seller also seasonably notifies the buyer that the goods were shipped as an accommodation to the buyer.

93.) An oral agreement that falls within the coverage of the Statute of Frauds is normally enforceable, but harder to prove.

94.) A buyer offered to purchase goods from a seller. The offer stated that acceptance was to be by immediate shipment. The seller shipped the goods immediately, but the shipment was delayed, and the goods did not arrive within a reasonable time at the buyer's location. The seller did not notify the buyer that the goods had been shipped. Which of the following best describes the legal consequences of this situation?

A. Acceptance occurred, but delivery was not properly tendered, so the seller is considered to be in breach of the contract.

B. The buyer must accept and pay for the goods when delivery is tendered, since the seller accepted the offer by making a prompt shipment.

C. The buyer can treat the offer as having lapsed before acceptance, so that no contract arose.

D. Since each party acted in good faith, and each attempted to satisfy the other, the imposed duty to cooperate requires the parties to share any losses that resulted from the delayed delivery.

95.) A buyer sent a purchase order to a seller. The purchase order specified the type and the quality of the goods the buyer desired, and stated that the seller should ship the goods promptly if the seller accepts the contract. The seller promptly shipped goods that do not conform to the description contained in the purchase order, and notified the buyer that it has sent these non-conforming goods, what has the seller done?

A. Accepted the offer and breached the contract by shipping non-conforming goods.

B. Made an accommodation shipment, which will be treated as a counteroffer under Article 2 of the Uniform Commercial Code.

C. Accepted the contract, and performed his obligation under the contract since he notified the buyer of the non-conformity in a timely manner.

D. Renegotiated the terms of the contract after acceptance.

96.) Which is not a remedy available to the seller of goods if the buyer breaches?

A. Withholding the goods.

B. Cancel the contract.

C. Punitive damages.

D. Compensatory damages.

97.) Common law requires an exact agreement, a "__________________ " between the

offer and the acceptance.

98.) ________ terms explain who bears the risk of loss and when the risk of loss passes.

99.) The Blackacre Bandits Baseball team has 3 years left on the lease of their stadium with the city. The Bandits have a new owner that plans to move the team to Greenacre next year. The city stands to make a total of $600,000 from lease payments over the next 3 years. The Bandits want to move and simply pay the city the money. The city doesn't want the money but instead asks a judge to force the Bandits to play out the rest of their games in the stadium until the lease is finished. The city is asking the judge for the remedy of:

A. Punitive Damages.

B. Replevin.

C. Mitigation Damages.

D. Specific Performance.

100.) A merchant buyer telephoned a merchant seller and placed an order for $3,000 worth of goods. The merchant seller promptly sent a written confirmation of the telephone conversation/agreement to the buyer. Two weeks later the seller shipped the goods. The buyer refused to accept the goods or to pay for them, denying that an enforceable contract exists due to the statute of frauds. In this case, which of the following statements is most accurate?

A. The written confirmation sent by the seller is binding on the seller, but not on the buyer.

B. The written confirmation sent by the seller is binding on the buyer, but not on the seller.

C. The written confirmation is binding on both parties since both are merchants.

D. The written confirmation is not binding on either party