QuestionQuestion 1To which of the following does the term “battle of the forms” refer?

01 May QuestionQuestion 1To which of the following does the term “battle of the forms” refer?

Question
Question 1
To which of the following does the term “battle of the forms” refer?

The situation in which one of the parties wishes to use a preprinted form, but the other party wishes to engage in direct negotiation.

The situation in which the parties entered into a formal contract, but the contract has been misplaced by both parties resulting in uncertainty regarding the exact terms of the original contract.

The situation in which parties have neglected to bargain over items and then exchange standard printed forms resulting in confusion regarding the terms of the contract.

The situation in which a party wishes to claim unconscionability based upon another party’s use of a preprinted form.
5 points

Question 2
Which of the following is the essential consideration under the Uniform Electronic Transactions Act for determining the validity of an electronic signature?

Whether the person intended the process or mark provided to act as a signature and whether it can be attributed to that person.

Whether an actual signature, as opposed to some sort of unacceptable click-type agreement is involved.

Whether an actual written type signature appears as opposed to an unacceptable typed name.

Whether an actual written or typed signature appears as opposed to some sort of facsimile.
5 points

Question 3
Which of the following will not create an express warranty under the UCC?

Making a statement or promise relating to the goods.

Expressing an opinion about the quality of the goods.

Providing a description of the goods.

Stating any fact regarding the quality of the goods.
5 points

Question 4
A(n) ________ contract occurs when one party is induced to enter a contract on a “take it or leave it” basis.

adhesion

merchants

output

requirement
5 points

Question 5
What are items of personal property that are attached to real property and cannot be removed without substantial damage called?

Connectors

Relaters

Entanglements

Fixtures
5 points

Question 6
Which of the following is governed by Article 2 of the UCC?

A contract for sale of a commercial building.

A contract for sale of office supplies.

An employment contract.

A life insurance contract.
5 points

Question 7
Which of the following is an online agreement that appears on a website but does not require the user to take any action to express his or her consent to the agreement?

Click-wrap license

Browse-wrap agreement

Shrink-wrap license

Computer-license agreement
5 points

Question 8
When the seller provides the buyer with a document enabling them to pick up goods held at an independent warehouse, the risk of loss passes to the buyer

when the goods are picked up by the buyer.

when the contract of sale is signed.

when the buyer receives the document entitling it to pick up the goods.

when the buyer pays for the goods.
5 points

Question 9
According to the UCC, if no amount of time is specifically stated, a firm offer provided by a merchant must be kept open for a reasonable period of time, up to _____.

one year

six months

three months

sixty days
5 points

Question 10
If a sales contract requires or authorizes the seller to ship goods by carrier, when does the risk of loss pass to the buyer if the contract does not require delivery at a particular destination?

At the time the goods are properly delivered to the carrier.

At the time the carrier tenders the goods to the buyer.

At the time the contract is initially entered into.

Not until the buyer has received the goods and had a chance to inspect them.
5 points

Question 11
Under the UCC statute of frauds, which of the following terms must be in a writing order to satisfy the statute?

The price

The quantity

The identity of the parties

The time and place for delivery
5 points

Question 12
Which of the following is an example a statement made by a salesperson that would be considered “puffing”?

This car will get 35 miles per gallon.

This is a genuine diamond ring.

This is an original work of art.

This copier is the best in the business.
5 points

Question 13
Ricardo develops a new type of software and asks you how he should go about making money through distribution of it. He has been told that he should sell the software as opposed to issuing licenses for its use. What should you tell him?

That by selling, rather than by licensing, a software vendor can avoid the doctrine of first sale, which allows a lawful owner to sell or otherwise dispose of the copy.

That by licensing, rather than by selling, a software vendor can avoid the doctrine of first sale, which allows a lawful owner to sell or otherwise dispose of the copy.

That selling is the only reasonable alternative because computer programs are not copyrightable.

That licensing is the only reasonable alternative because computer programs are not copyrightable.
5 points

Question 14
Renee owns a small restaurant that sells hamburgers as one of its main attractions. She puts up a sign that says “Best Burgers in the County”. Peter does an exhaustive investigation of all restaurants in the county and asks his friends to do the same. They all determine that actually a restaurant run by their friend Sam has the best burgers in the county. Peter tells Renee that unless she takes down her sign, he is going to sue her for breach of warranty and false advertising. Renee tells him that he has no cause of action. Who is correct?

Peter is correct so long as he and his friends can convince the jurors in a lawsuit that Sam has the best burgers.

Peter is correct only if he can establish that Renee was aware that Sam’s burgers actually taste better before she put up the sign.

Peter is incorrect because Renee was engaged in “spoofing”.

Peter is incorrect because Renee was engaged in “puffing”.
5 points

Question 15
UCC Section 2-319 expressly authorizes the buyer and seller to allocate the risk of ________ between them as they see fit.

damages

specific performance

modification

loss
5 points

Question 16
In a state that had adopted the Uniform Electronic Transactions Act, Kiera and Ben entered into a contract whereby Ben would clean Kiera’s house once a week for eighteen months for $75 per week. The transaction was done electronically, and both Kiera and Ben signed through the use of an electronic signature. Unfortunately, problems resulted when Ben failed to show up as scheduled. Ben told Kiera that the contract was not good because his signature was made electronically. Kiera told him that he was wrong and that he needs to get up to date with the modern age. Which of the following is correct regarding the dispute?

Ben is correct because electronic signatures are not recognized as valid under any circumstances.

Ben is correct only if Kiera’s name was typed as opposed to being shown in handwriting-style (cursive) form.

Kiera is correct that the signature is sufficient only if she can show that she and Ben had previously engaged in electronic transactions.

Kiera is correct that her electronic signature is sufficient.
5 points

Question 17
Chris sold Valerie a home containing a wood stove which could not be removed from the home without causing substantial damage. Shortly after the sale, Valerie sustained significant smoke damage due to a malfunction of the stove. She told Chris that she was going to sue him under the UCC. Chris told her that was not possible. Which of the following is true?

Chris is correct because the stove would likely be a fixture not covered by the UCC.

Valerie is correct because the stove would likely be a fixture covered by the UCC.

Valerie is correct because the stove would not be considered a fixture and would, therefore, be covered by the UCC.

Valerie is correct because the sale of the home would be covered under the UCC along with anything else sold with the home.
5 points

Question 18
A contract is ________ if its terms are unduly harsh or oppressive or unreasonably favorable to one side.

substantively unconscionable

procedurally unconscionable

procedurally impracticable

substantively impracticable
5 points

Question 19
Which of the following is not a type of warranty under the UCC?

Express

Fitness for a particular purpose

Merchantability

Specific performance
5 points

Question 20
To which of the following does Article 2 of the UCC apply?

The sale of goods.

The rendering of services.

The sale of land.

Both the sale of goods and the rendering of services.