Sales M01 Quiz

Which of the following transactions is most likely to be governed by UCC Article 2?

• The purchase of dinner and drinks at a nice restaurant where an 18% service gratuity is automatically added to the bill

• A contract between an owner of mineral rights and a purchaser of gold to be mined by the purchaser pursuant to the owner’s mineral rights

• A contract between the owner of a bicycle shop and a professional painter for the painter to paint a new high-end bicycle with a special paint job that will make it even more valuable

• A contract between a Mexican seller of corn husks and a Texas maker of tamales (which require corn husks)

The purchase of dinner and drinks at a nice restaurant where an 18% service gratuity is automatically added to the bill

Which of the following transactions is least likely to be governed by UCC Article 2?

• the sale of a used textbook between law school classmates

• a contract for the sale of a pedigree poodle that is yet to be born

• a contract for the sale of a farmer’s crops to be harvested by the buyer

• a contract to refurbish and restore an antique chair owned by party seeking the refurbishing and restoration work

A contract to refurbish and restore an antique chair owned by party seeking the refurbishing and restoration work

Which of the following statements is not correct regarding supplementation of UCC Article 2 with the provisions of UCC Article 1?

• Article 1 contains general provisions applicable throughout the UCC unless displaced by the individual provisions of another Articles, such as Article 2

• Article 2 includes some provisions addressing issues that are not directly addressed by Article 2

• to the extent the provisions of Articles 1 and 2 conflict, Article 1 is given primacy based on its broader general application than Article 2

• Article 1 includes a variety of definitions, many of which directly apply to transactions governed by Article 2

Which of the following statements is not correct regarding supplementation of UCC Articles 1 and 2 with the common law?

• the common law should never be used to supplement the UCC, because the statute is intended to displace the common law entirely

• the common law may be used to supplement, but not to supplant, UCC Articles 1 and 2

• the common law may be used to address issues of mistake, duress, and fraud in a sale of goods transaction otherwise governed by Article 2

• the common law may be fully preempted by UCC Article 2 to the extent the statutory provision in question is clear in doing so

The common law should never be used to supplement the UCC, because the statute is intended to displace the common law entirely

Which of the following is not a not one of the underlying purposes and policies of the UCC, as expressly provided in Article 1?

• to simplify, clarify, and modernize the law governing commercial transactions

• to protect consumers in transactions with merchants

• to permit the continued expansion of commercial practices through custom, usage, and agreement of the parties

• to make uniform the law among the various jurisdictions

To protect consumers in transactions with merchants

Which of the following does not represent a significant source of uniformity in the interpretation and application of the UCC, generally, and Article 2, specifically?

• state legislative adoption without variation of the uniform text of the UCC

• deference to majority rules based on decisions of other states in interpreting and applying the UCC where the statutory text is unclear or uncertain

• deference to the official comments, even though such comments are not enacted as law

• adoption of the best approach to interpretation and application, even where such approach may diverge from the majority rule applied by other states

adoption of the best approach to interpretation and application, even where such approach may diverge from the majority rule applied by other states

In which of the following cases would the CISG govern the parties’ agreement? You should assume: (1) these are all business-to-business transactions; (2) the applicable rules of private international law would give effect to any agreed choice of law and would apply the law of the seller in the absence of such a choice; and (3) the relevant dispute resolution forum would respect any Article 95 declaration.

• French seller of goods to Irish buyer and a choice of “Irish law”

• Irish seller of goods to German buyer and no choice of law

• German seller to Irish buyer and a choice of “German law”

• Virginia seller to Irish buyer and no choice of law

German seller to Irish buyer and a choice of “German law”

A transaction is governed by the CISG, and a dispute has arisen regarding the parties' agreement. The CISG governs the issue, but the language of the applicable statutory provision does not expressly provide an answer. Which of the following is not an appropriate use of legal authority in deciding the parties' dispute based on the application of the governing CISG provision to the facts at issue?

• multi-jurisdictional cases and scholarly commentary interpreting the CISG

• "reasonableness," as a general principle upon which the CISG is based

• consideration of the observance of good faith in international trade

• seller's domestic law using identical language to the CISG statutory provision at issue

seller's domestic law using identical language to the CISG statutory provision at issue

Which of the following is governed by the CISG in a sale of goods transaction between Chinese seller and a California buyer?

• the validity of the contract, where the buyer has raised a fraud defense

• the contract, where the California buyer is a consumer and is purchasing the goods for personal use (and seller had reason to know)

• the contract, where the California buyer is a regional airline purchasing an airplane

• the basic rights and obligations of the Chinese seller and the California buyer

The basic rights and obligations of the Chinese seller and the California buyer