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When does risk of loss transfer to the buyer in a simple delivery contract?


A) When goods are identified to the contract
B) When the buyer takes possession
C) When the items are tendered
D) When money is transferred
E) One day after goods are identified to the contract

F) A) and E)
G) C) and D)

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Identify and describe the five situations under which a buyer receives only a voidable title in a sale.

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A buyer gets only voidable title if 1)th...

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The absence of the words "to the order of" indicates which of the following,in a goods-in-bailment contract?


A) A shipment contract
B) An origin contract
C) A negotiable document
D) A nonnegotiable document
E) Nothing,there is no such thing as a goods-in-bailment contract

F) A) and B)
G) C) and D)

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In cases where a shipment contract is vague or ambiguous on the issue,an origin contract will be presumed.

A) True
B) False

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Are Mavis' concerns about a lack of agreement between Singapore and Indonesia accurate?


A) No,both countries have signed an agreement that aims to halt piracy.
B) Yes,there are no anti-piracy agreements between the two countries.
C) Yes,there are no agreements between the two countries that affect shipping.
D) Yes,even though there are agreements between the two countries,they have taken no steps to halt piracy.
E) No,although the countries have not signed an agreement that aims to halt piracy,there are no risks involved in shipping on international waters.

F) B) and C)
G) A) and E)

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Which of the following is true when the designation FAS is used?


A) The buyer,at the buyer's expense,delivers the goods alongside the ship before the risk passes to the seller.
B) The buyer,at the seller's expense,delivers the goods alongside the ship before the risk passes to the seller.
C) The seller,at the buyer's expense,delivers the goods alongside the ship before the risk passes to the buyer.
D) The seller,at the seller's expense,delivers the goods alongside the ship before the risk passes to the buyer.
E) The common carrier,at the carrier's expense,delivers the goods alongside the ship before the risk passes to the buyer.

F) None of the above
G) A) and C)

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Who bears the risk of loss for the second delivery?


A) ScubaCo because in a destination contract,the risk remains with the seller.
B) The Dive Shop,because they had no right to refuse delivery of conforming goods
C) The Dive Shop,because the risk of loss transferred to the buyer on delivery
D) ScubaCo because it had previously delivered nonconforming goods
E) Both parties share the risk of loss equally

F) B) and E)
G) A) and E)

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Toula is buying a delivery vehicle for her business and it will be available for her to pick up on Tuesday.On Monday,the day before her car is ready,Toula meets with her banker to complete the application for a small business loan.Can Toula use the delivery truck as collateral for the loan?


A) Yes,because she has a right to encumber the goods
B) Yes,because the right to encumber goods has nothing to do with title.
C) No,because having title does not mean that one can encumber the goods.
D) No,because she does not yet have title to the delivery truck
E) No,because risk of loss has not yet passed to her

F) A) and D)
G) B) and D)

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If an owner entrusts the possession of goods to a merchant who deals in goods of that kind,the merchant has no authority to transfer any rights in the goods to a buyer in the ordinary course of business.

A) True
B) False

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Which of the following occurs when the purchased goods are transferred to the buyer from the seller at either the time of the sale or a later time by the seller's delivery?


A) A complex delivery contract
B) A voidable delivery contract
C) An average delivery contract
D) A simple delivery contract
E) An acknowledged sale

F) A) and E)
G) C) and D)

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[Scuba Supplies] The Dive Shop ordered ten Mega2000 Diving Tanks,ten SuperSlick wetsuits,and ten pairs of Awesome swim fins from ScubaCo under a destination contract.The tanks were scheduled to be delivered first,and the remaining items would arrive the following day.Upon the first delivery,The Dive Shop noticed that ScubaCo sent ten Mega500 Diving Tanks,an inferior model.The Dive Shop's owner called ScubaCo and was told that ScubaCo had sold out of the Mega2000 model,but the Mega 500 was the same price,was "pretty much the same",and The Dive Shop had to pay for the order or it would be in breach of contract.The following day,ScubaCo checked the remainder of the order which consisted of the wetsuits and fins and verified it to be correct.It delivered the remainder of the order,however,The Dive Shop refused delivery.On the way to its next delivery,the carrier truck ran off the side of the road and the goods were lost. -Is ScubaCo correct that The Dive Shop must accept the ten Mega500 tanks?


A) Yes,because they are conforming goods
B) No,The Dive Shop can either accept the nonconforming goods or reject the goods subject to the seller's curing the deficiency in the goods and reject them if no cure is possible.
C) Yes,because,even though they are not conforming goods,they are substantially the same
D) No,The Dive Shop can cure the deficiency in the goods on its own
E) No,The Dive Shop's only recourse is to demand the conforming goods be provided

F) A) and B)
G) A) and D)

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Assume a buyer and seller execute a contract in which the seller is going to deliver a couch later in the day to the buyer.With a simple delivery contract in which the seller is not a merchant,which party sustains a loss if,through no fault of either party,the couch is destroyed through fire prior to delivery?


A) Loss is proportioned 25% to the buyer and 75% to the seller
B) Loss is proportioned 50% to the buyer and 50% to the seller
C) Loss is proportioned 75% to the buyer and 25% to the seller
D) The buyer
E) The seller

F) A) and E)
G) A) and D)

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The term tender of delivery refers to the moment goods are picked up by the buyer.

A) True
B) False

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Which of the following is true regarding actions a buyer may take if a seller does not provide goods that were described in the contract?


A) If a seller does not provide goods as described in a contract,the buyer may reject the goods subject to the seller's curing the deficiency in the goods,but the buyer may not accept the nonconforming goods as is or reject the goods if no cure is possible.
B) If a seller does not provide goods as described in a contract,the buyer may accept the nonconforming goods as is and sue for damages,but the buyer may not reject the goods subject to the seller's curing the deficiency in the goods or reject the goods if no cure is possible.
C) If a seller does not provide goods as described in a contract,the buyer may accept the nonconforming goods as is,or the buyer may reject the goods subject to the seller's curing the deficiency in the goods;but the buyer may not simply reject the goods.
D) If a seller does not provide goods as described in a contract,the buyer may accept the nonconforming goods as is and sue for damages or the buyer may reject the goods,but the buyer may not reject the goods subject to the seller's curing the deficiency.
E) If a seller does not provide goods as described in a contract,the buyer may accept the nonconforming goods as is,reject the goods subject to the seller's curing the deficiency in the goods,or reject the goods if no cure is possible.

F) A) and E)
G) B) and D)

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Discuss when title and risk of loss pass to the buyer in a goods-in-bailment contract when a)the seller has a negotiable document of title b)the seller has a nonnegotiable document of title and c)the seller has a contract or other instrument showing ownership that is not a negotiable or nonnegotiable document of title.

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a)If the seller has a negotiable documen...

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Which of the following was the result in the text's case involving Tempur-Pedic,a mattress manufacturer,which sought to stop the sale of mattresses it donated to a charity for Hurricane Katrina victims and to recover mattresses sold by the charity involved?


A) That the charity had void title under the UCC and could not transfer good title,and that Tempur-Pedic could recover all the mattresses both from the charity and from third-party purchasers.
B) That under the UCC,Tempur-Pedic was entitled to a temporary restraining order because of the likelihood that it could show at trial that its donated mattresses were not sold to a good-faith purchaser.
C) That the UCC did not apply because a charity was involved and that Tempur-Pedic was entitled to a temporary restraining order pending trial because of the likelihood that it would prevail based on fraudulent transactions.
D) That under the UCC,Tempur-Pedic would lose because the mattresses were sold to a good-faith purchaser for value.
E) That the UCC did not apply because a charity was involved and that Tempur-Pedic would lose because movable goods were involved.

F) C) and D)
G) All of the above

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Because the contract was ambiguous about whether the seller had the duty to deliver the goods to either the common carrier's hands or all the way to Ivan's home,what type of contract is presumed?


A) Voidable
B) Transit
C) Location
D) Origin
E) Destination

F) B) and D)
G) C) and D)

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Assuming Adler must bear the risk of loss of his sculpture,if he sues the ship to recover damages,would the lawsuit likely be dismissed?


A) Yes,because Adler bears the risk of loss according to his contract with Juno.
B) No,because Adler had an insurable and special interest and,thus,has standing to sue.
C) No,because the ship was not at fault.
D) Yes,because Adler did not have an insurance interest in the sculpture.
E) Yes,because the ship was not a party to the contract.

F) A) and B)
G) A) and C)

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Which of the following is true regarding types of common-carrier delivery contracts?


A) Common-carrier delivery contracts include transfer contracts but not origin,shipment,or destination contracts.
B) Common-carrier delivery contracts include destination contracts,but not origin,transfer,or shipment contracts.
C) Common-carrier delivery contracts include origin and shipment contracts,but not destination or transfer contracts.
D) Common-carrier delivery contracts include origin and transfer contracts,but not destination contracts.
E) Common-carrier delivery contracts include origin and destination contracts,but not transfer contracts.

F) A) and B)
G) B) and D)

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Which of the following references goods that are in some kind of storage so the seller cannot transfer physical possession of them?


A) General to contract
B) Stored in transit
C) Stored pending payment
D) Goods in transit
E) Goods in bailment

F) A) and B)
G) All of the above

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