This is a court order that prohibits a person from doing a certain act.
What is an injunction?
100
Statements that negate express and implied warranties?
What are disclaimers?
100
This occurs when a party renders inferior performance of his or her contractual obligations that impairs or destroys the essence of the contract.
What is a material breach?
100
Tangible things that are movable at the time of their identification to a contract.
What are goods?
100
This establishes the time period during which a lawsuit must be brought.
What is a statute of limitations?
200
The submission of a dispute to an impartial third party as an alternative to traditional litigation in court is known as _____________.
What is arbitration?
200
A type of warranty that applies to both merchant and nonmerchant sellers.
What is an implied warranty of fitness for a particular purpose?
200
Performance by a contracting party that deviates only slightly from complete performance.
What is substantial performance?
200
The passing of title from a seller to a buyer for a price is known as a __________.
What is a sale?
200
An action to recover scarce goods wrongfully withheld by a sellor or lessor.
What is replevin?
300
A party who employs another person to act on their behalf.
Who is a principal?
300
This warranty applies to food and drink sold by restaurants, grocery stores, fast-food restaurants, and vending machines whether the food or drink is consumed on or off the premises.
What is the implied warranty of fitness for human consumption?
300
This is a breach that occurs when one contracting party informs the other party that he or she will not perform his or her contractual duties when due.
What is an anticipatory breach (or anticipatory repudiation)?
300
A transfer of the right to the possession and use of named goods for a set term in return for certain consideration.
What is a lease?
300
Reasonable expenses incurred in stopping delivery, transportation charges, storage charges, sales commissions can be recovered as this category of damages.
What are incidental damages?
400
This doctrine, more commonly known as "let the buyer beware," governed the law of sales and leases for centuries.
What is caveat emptor?
400
This is a Federal law that was enacted to protect consumers with respect to warranties on consumer products.
What is the Magnuson-Moss Warranty Act?
400
This is an action to "undo" the contract. It is available if there has been a material breach of the contract, fraud, duress, undue influence, or mistake.
What is rescission?
400
This phrase is used when parties go back and forth with each other trying to get the other to agree to their standard form.
What is the "battle of the forms"?
500
This is a tort that arises when a third party induces a contracting party to breach the contract with another party.
What is intentional interference with contractual relations?
500
Where there has been a breach of warranty, the buyer or lessee may sue the seller or lessor to recover these types of damages.
What are compensatory damages?
500
These are foreseeable damages that arise from circumstances not discussed in the actual contract but the breaching party knew or had reason to know that the breach of the contract would cause these damages.
What are consequential damages?
500
A shipment that is offered to the buyer as a replacement for the original shipment when the original shipment cannot be filled.
What is an accommodation shipment?
500
When a party has reasonable grounds to believe that the other party will not perform his or her contractual obligations, they may demand a writing assuring them that performance will occur.