Law 1 Final Exam
Corn that fills County Grain Co-op's silo is fungible if the corn is
c. alike naturally, by agreement, or by trade usage.
Ralph, a representative for Statewide Truck & Transport Company, delivers a
warehouse receipt to Thelma, the owner of United Storage Warehouse. A
warehouse receipt is
c. a receipt issued by a warehouser for goods in a warehouse.
Brad leaves an iPod at Computer Sales & Repair (CSR) to have the battery
replaced. CSR sells the iPod to Doris, who does not know that it belongs to Brad.
Brad can recover from
d. CSR.
NutriRich, Inc., sells fifty cases of Omega 3 capsules to Good Health stores, but
before Good Health takes physical possession, the cases are lost. Under the
UCC, the parties' rights and obligations with respect to the loss depend on the
concept of
c. risk of loss.
Red's Roofing buys asphalt roofing tiles from Shingles, Inc. The parties agree
that the tile will be shipped "F.O.B. Shingles's warehouse" to Red's Roofing
location via Tristate Shipping Corporation. The tiles are lost in transit. The loss is
suffered by
c. Red's Roofing.
Mountainside Coffee Company and Nature's Cuisine, Inc., enter into a contract for
a sale of coffee beans. The contract includes the term "F.O.B. Ocean City," which
is the location of Nature's Cuisine. This means that the contract is
d. a bill of lading.
Commercial Rents Corporation agrees to lease a pressure washer to Delivery
Trucks, Inc., which agrees to pick it up at E Street Warehouse. Before Delivery
Trucks retrieves the washer, it is stolen. The loss is suffered by
b. Delivery Trucks.
Ursula buys a Verismooth boat from a Watercraft store, which agrees to keep the
boat for Ursula until she picks it up. Before Ursula gets the boat, an unforeseen
tornado destroys the store and the boat. The loss of the boat is suffered by
c. Watercraft.
Home Appliance Corporation contracts with Instate Trucking Company to take a
selection of appliance repair parts to Journey Airlines, Inc., with Journey to
transport the goods to a KeepSafe Company warehouse. Instate Trucking,
Journey Airlines, and KeepSafe each acknowledge possession of the goods by a
document of title. Instate Trucking, Journey Airlines, and KeepSafe are
c. bailees.
Varoom Motors, Inc., allows Weber to take a Xtrem-brand motorcycle for a "test
run." Weber tries the cycle for a few hours, returns, and buys it. This is
, b. a sale on approval.
Outpost Farm Supply and Pablo enter into a contract for a sale of chicken feed.
Circumstances make it difficult for Outpost to perform, and the contract is
breached. Pablo looks for remedies. Unlike the common law, under the UCC,
remedies are
c. cumulative.
Mantas Moderno Company, which is based in New York, agrees to sell fifty woven
carpets, imported from Mexico and currently stored in New Jersey, to NuDecor,
Inc., which is based in Connecticut. If the contract does not indicate where the
goods will be delivered, the place of delivery is
c. New Jersey.
Commercial Leasing Corporation and Quarry Construction Company enter into a
contract for a lease of three excavators. Under the perfect tender rule,
Commercial Leasing must ship or tender goods to the lessee that
b. conform to the contract description in every way.
Precision Parts, Inc., and Quality Auto stores enter into a contract for a sale of
specific auto parts. Precision Parts ships parts that do not meet the
specifications. Quality Auto
d. can reject the entire shipment.
Rancho Amarillo and Bulls & Heifers Company enter into a contract for a sale of
one hundred head of cattle. When Bulls & Heifers does not deliver within a
reasonable time after the agreed delivery date, Rancho Amarillo files a suit for
breach. Bulls & Heifers asserts the doctrine of commercial impracticability. This
doctrine extends only to problems that are
b. unforeseen.
Fact Pattern 22-A1
Daily Bread Bakeries, Inc., contracts to buy all of its ingredient requirements for
bread making, at a certain minimum per year, from Enriched Flour & Grain
Corporation for six years. After three years, Daily Bread tells Enriched that it
plans to sell its assets to Flat Bread Shops, Inc. Flat Bread refuses to assure
Enriched that it will continue Daily Bread's contract.
a. terminate the contract and seek damages.
Hydro Source Company contracts to sell pumps, tanks, and water storage
systems to Inflo Irrigation, Inc. Before the goods are delivered, Inflo indicates that
it will not be able to pay. Hydro Source can
b. resell the goods and recover any damages from Inflo.
Banquets & Parties (B&P) stores contracts to buy 1,000 uninflated balloons from
Gas Bags, Inc., for $1 per item. When the market price decreases to 50 cents per
balloon, B&P refuses to go through with the deal. Gas Bags can recover
d. $500.
River Gear Company and Tours & Trips, Inc., enter into a contract on August 1 for
the sale of fifty inflatable river rafts. Tours & Trips cancels the contract ten days
later. River Gear is unable to sell the rafts to another buyer. River Gear can
c. recover the contract price from Tours & Trips but must hold the rafts for it.
Corn that fills County Grain Co-op's silo is fungible if the corn is
c. alike naturally, by agreement, or by trade usage.
Ralph, a representative for Statewide Truck & Transport Company, delivers a
warehouse receipt to Thelma, the owner of United Storage Warehouse. A
warehouse receipt is
c. a receipt issued by a warehouser for goods in a warehouse.
Brad leaves an iPod at Computer Sales & Repair (CSR) to have the battery
replaced. CSR sells the iPod to Doris, who does not know that it belongs to Brad.
Brad can recover from
d. CSR.
NutriRich, Inc., sells fifty cases of Omega 3 capsules to Good Health stores, but
before Good Health takes physical possession, the cases are lost. Under the
UCC, the parties' rights and obligations with respect to the loss depend on the
concept of
c. risk of loss.
Red's Roofing buys asphalt roofing tiles from Shingles, Inc. The parties agree
that the tile will be shipped "F.O.B. Shingles's warehouse" to Red's Roofing
location via Tristate Shipping Corporation. The tiles are lost in transit. The loss is
suffered by
c. Red's Roofing.
Mountainside Coffee Company and Nature's Cuisine, Inc., enter into a contract for
a sale of coffee beans. The contract includes the term "F.O.B. Ocean City," which
is the location of Nature's Cuisine. This means that the contract is
d. a bill of lading.
Commercial Rents Corporation agrees to lease a pressure washer to Delivery
Trucks, Inc., which agrees to pick it up at E Street Warehouse. Before Delivery
Trucks retrieves the washer, it is stolen. The loss is suffered by
b. Delivery Trucks.
Ursula buys a Verismooth boat from a Watercraft store, which agrees to keep the
boat for Ursula until she picks it up. Before Ursula gets the boat, an unforeseen
tornado destroys the store and the boat. The loss of the boat is suffered by
c. Watercraft.
Home Appliance Corporation contracts with Instate Trucking Company to take a
selection of appliance repair parts to Journey Airlines, Inc., with Journey to
transport the goods to a KeepSafe Company warehouse. Instate Trucking,
Journey Airlines, and KeepSafe each acknowledge possession of the goods by a
document of title. Instate Trucking, Journey Airlines, and KeepSafe are
c. bailees.
Varoom Motors, Inc., allows Weber to take a Xtrem-brand motorcycle for a "test
run." Weber tries the cycle for a few hours, returns, and buys it. This is
, b. a sale on approval.
Outpost Farm Supply and Pablo enter into a contract for a sale of chicken feed.
Circumstances make it difficult for Outpost to perform, and the contract is
breached. Pablo looks for remedies. Unlike the common law, under the UCC,
remedies are
c. cumulative.
Mantas Moderno Company, which is based in New York, agrees to sell fifty woven
carpets, imported from Mexico and currently stored in New Jersey, to NuDecor,
Inc., which is based in Connecticut. If the contract does not indicate where the
goods will be delivered, the place of delivery is
c. New Jersey.
Commercial Leasing Corporation and Quarry Construction Company enter into a
contract for a lease of three excavators. Under the perfect tender rule,
Commercial Leasing must ship or tender goods to the lessee that
b. conform to the contract description in every way.
Precision Parts, Inc., and Quality Auto stores enter into a contract for a sale of
specific auto parts. Precision Parts ships parts that do not meet the
specifications. Quality Auto
d. can reject the entire shipment.
Rancho Amarillo and Bulls & Heifers Company enter into a contract for a sale of
one hundred head of cattle. When Bulls & Heifers does not deliver within a
reasonable time after the agreed delivery date, Rancho Amarillo files a suit for
breach. Bulls & Heifers asserts the doctrine of commercial impracticability. This
doctrine extends only to problems that are
b. unforeseen.
Fact Pattern 22-A1
Daily Bread Bakeries, Inc., contracts to buy all of its ingredient requirements for
bread making, at a certain minimum per year, from Enriched Flour & Grain
Corporation for six years. After three years, Daily Bread tells Enriched that it
plans to sell its assets to Flat Bread Shops, Inc. Flat Bread refuses to assure
Enriched that it will continue Daily Bread's contract.
a. terminate the contract and seek damages.
Hydro Source Company contracts to sell pumps, tanks, and water storage
systems to Inflo Irrigation, Inc. Before the goods are delivered, Inflo indicates that
it will not be able to pay. Hydro Source can
b. resell the goods and recover any damages from Inflo.
Banquets & Parties (B&P) stores contracts to buy 1,000 uninflated balloons from
Gas Bags, Inc., for $1 per item. When the market price decreases to 50 cents per
balloon, B&P refuses to go through with the deal. Gas Bags can recover
d. $500.
River Gear Company and Tours & Trips, Inc., enter into a contract on August 1 for
the sale of fifty inflatable river rafts. Tours & Trips cancels the contract ten days
later. River Gear is unable to sell the rafts to another buyer. River Gear can
c. recover the contract price from Tours & Trips but must hold the rafts for it.
