Related Questions
Q80:
[Smeared cupcakes] Kai orders forty decorated cupcakes from Liu's bakery next door to be sold in his restaurant.During delivery,Lui trips and the box tips over.When Kai opens the box to inspect the cupcakes,the frosted decorations on the cupcakes are smeared. -Must Kai accept the cupcakes? A)Yes,if they are still sellable,he must perform under the terms of the contract. B)Yes,unless the contract specifically states otherwise. C)No,since the goods are partially destroyed,Lui may treat the contract as void. D)No,but he must provide Lui with time to cure. E)No,since the goods are partially destroyed,Kai may treat the contract as void.
Q81:
As a matter of law,should the perfect tender rule be rejected and replaced with the concept of substantial performance?
Q82:
Define "course of performance," and discuss its relationship to decisions regarding whether goods conform to contract specifications.
Q83:
If a buyer decides to reject goods,what kind of notice must be provided? A)3 days. B)10 days. C)5 days. D)Reasonable. E)Written.
Q84:
Letizia,who owns a candy shop,agreed to sell Rudy,a teacher,all the chocolate candy bars in her shop for treats for his class.Unfortunately,through no fault of hers,Letizia's air conditioner broke and the chocolate bars partially melted.What are the rights and duties of the parties in relation to the contract?
Q85:
Which of the following is not an exception to the perfect tender rule? A)Commercial impracticability B)Past dealings between the parties C)Norms in the industry D)Revocation of acceptance E)Exceptions outlined in the parties' agreement
Q86:
Define the Uniform Computer Information Transactions Act;and describe an important way,discussed in the text,by which the act protects software vendors?
Q87:
Set forth what the UCC requires in the way of good faith and the duty imposed on both nonmerchants and merchants.
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Q89:
Assuming the berries are nonconforming,can Zelda simply cancel the contract? A)No,although a buyer has a right to cancel a contract,Zelda must provide the seller a chance to cure. B)No,even though the goods are nonconforming,Zelda may not cancel the contract. C)Yes,a buyer has the right to cancel the contract. D)No,a buyer has no right to cancel a contract without giving the seller a chance to cure. E)Yes,when goods are nonconforming,a buyer may reject goods and cancel the contract if a condition such as time being of the essence is present.
Q90:
Assuming the berries are nonconforming,does Zelda have any options other than simply canceling the contract? A)No. B)Yes,but Zelda's only other option is to accept the nonconforming berries and adjust the contract accordingly. C)Yes,but Zelda's only other option is to reject the nonconforming berries subject to cure. D)Yes,Zelda may reject the nonconforming berries subject to cure,or accept the nonconforming berries and adjust the contract accordingly. E)Yes,but the course of dealing makes other options void.
journal article
The Uniform Computer Information Transactions ActBerkeley Technology Law Journal
Vol. 15, No. 1, Annual Review of Law and Technology (2000)
, pp. 85-107 (23 pages)
Published By: University of California, Berkeley, School of Law
//www.jstor.org/stable/24115705
Journal Information
"The Berkeley Technology Law Journal is a student-run publication of the Boalt Hall School of Law, University of California at Berkeley. We started in March 1985, published our first issue in Spring 1986, and have since covered emerging issues of law in the areas of intellectual property, high-tech and biotech. BTLJ strives to keep judges, policymakers, practitioners, and the academic community abreast of this dynamic field. The Journal’s membership, typically over 100 students, publishes four issues of scholarly work each year, including the Annual Review of Law and Technology. The Annual Review is a distinctive issue of the Journal published in collaboration with the Berkeley Center for Law and Technology and is dedicated to student-written case notes and comments discussing the most important recent developments in IP, antitrust, cyberlaw, telecom, biotech and business law. In addition, the Journal co-sponsors an annual symposium on an emerging area of technology law.
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