A regular dealer in the sale of goods involved in the sales contract, especially knowledgeable about goods involved in the sales contract, and a commercial expert.
What is a merchant? (page 261)
100
A buyer may sue for breach of warranty ONLY after ___________ the seller that the goods are non-conforming.
What is notifying (page 298)
100
Exercise the right of replevin, demand specific performance, due for non-delivery, or resell the goods.
What are seller's rights if buyer breaches contract by refusing to accept conforming goods? (page 301)
100
A statement of fact made by the seller to induce the buyer to purchase goods is
What is an express warranty? (page 313)
100
The UCC relies on this to offset the relaxed rules of for sales contracts, especially when misunderstandings arise or when unforeseen circumstances occur.
What is honesty or good faith? (page 262)
200
Under the UCC, parties to a sales contract may modify it without_____________?
What is consideration? (page 266)
200
Are intended to place the injured party in as good a position as if the contract had not been breached.
What are remedies? (page 297)
200
If this occurs, a buyer may sue for damages.
What is breach of warranty? (page 312)
200
A contract for the sale of goods is still _________ even though it does not state a purchase price under the UCC.
What is enforceable? (page 262)
300
A contract that is so extremely unfair to one of the parties as to "shock the conscience" of the court.
What is unconscionable? (page 269-70)
300
The seller has the right to ______ the defect of any non-conforming goods that the buyer rejects.
What is cure (page 295)
300
The seller can sue a buyer if buyer breaches the sales contract for what?
What is the purchase price (page 300)
300
These lawsuits can may be based on breach of warranty, negligence, and/or strict liability.
What is Product liability suits? (page 310)
300
To accept conforming goods and pay for them - a basic duty for whom?
What is the buyer? (page 296)
400
Goods that meet the standards set down by the contract.
What is conforming? (page 264)
400
Sue for damages, sue for specific performance, cancel the contract and cover.
What are buyer's rights if seller breaches contract? (page 298)
400
If a sales contract requires the seller to ship the goods to the buyer, a proper delivery occurs when the seller places the goods in possession of a(n) _______________ and notifies the buyer that the goods have been shipped.
What is an independent carrier? (page 294)
400
To avoid implied warranties in the sale of goods to a consumer, the seller should make it absolutely clear (as for example a written statement) that the goods are sold …..
What is "as is" (page 318)
400
If either the buyer or seller refuses to carry out his or her part of a sales agreement, a(n) ______ occurs.
What is a breach of sales contract? (page 297)
500
Article 2 of the UCC does not cover a contract for
What is services (page 260-61)
500
Remedy not available to a seller
What is breach of warranty (page 300)
500
This allows a seller to retain possession of goods until they are paid for in full.
What is unpaid seller's lien. (page 302)
500
refers to the contract relationship that exists between a seller and a buyer.
What is Privity of contract? (page 319)
500
Under this theory, the injured party suing simply needs to show that the product was unreasonably dangerous at the time it left the manufacturer's or other seller's control and that an injury resulted.