WGU C713 BUSINESS LAW EXAM EXAM 2 VERSIONS
(VERSION A AND B) COMPLETE 400 QUESTIONS WITH
DETAILED VERIFIED ANSWERS /ALREADY GRADED A+
Under the UCC, what theory usually is used to excuse a failure to perform that is
justified by unforseen events - ANSWER: Commercial impracticability
a merchant buyer who rejects nonconforming goods - ANSWER: A and B
a nonmerchant buyer who rejects nonconforming goods - ANSWER: must hold the
goods for the seller for a reasonable time
Revocation of acceptance by the buyer - ANSWER: requires a substantial
nonconformity in the goods
in which of the following situation is a buyer least likely to have a right to inspect the
goods before paying for them? - ANSWER: In a COD sale
The Maguson-moss Act basically applies only to certain sales of consumer products
to consumers. T/f - ANSWER: T
IN order to be liable under the implied warranty of merchantability, a seller must be
a merchant. T/f - ANSWER: t
An express warranty can only be created by words, whether written or oral. t/f -
ANSWER: f
Today, the absence of privity between plaintiff and defendant is no longer a defense
under Article 2 of the UCC - ANSWER: f
generally speaking, disclaimers of liability will not work in consumer cases that
proceed uner section 402A - ANSWER: t
traditionally, assumption of risk has been a good defense in implied warranty suits -
ANSWER: t
comparitive fault statutes often include assumption of risk and product misuse
among the kind of "fault" that are apportioned between plaintiff and the defendant -
ANSWER: t
in order to disclaim the implied warranty of merchantability, the seller must use
writing. - ANSWER: f
A remedy limitation is likely to be unconscionable in sonsumer cases involving
personal injury - ANSWER: t
, in a case brought under UCC, it is very difficult for a plaintiff to recover for lost profits
against a party w/ whom he did not deal directly - ANSWER: t
Article 2 of the UCC only allows recovery for "commercial" losses such as basis-of-
the-bargain damages and indirect economic loss. Personal injury recoveries are
impossible under article 2? - ANSWER: f
a statement that is "seller is not liable for any consequential damages caused by any
defect in this product" is called a disclaimer? - ANSWER: f
For which of the following product liability theories must the seller be a UCC
merchatn or a party like the UCC Merchant? - ANSWER: Section 402A
If there is a conflict between the express terms of a contract for the slae of goods
and the past course of dealing between the parties, the express terms prevail -
ANSWER: t
under article 2 of the ucc, consideration is necessary for the modific. of a contract -
ANSWER: f
If the buyer and the seller do not agree on the place of delivery, the place of delivery
normally is the buyers place of business? - ANSWER: f
if goods are shipped to the buyer on delivery (COD), the buyer must pay for the
goods before inspecting them unless they are marked "inspeciton allowed" -
ANSWER: t
article 2 of the UCC says that payment for goods must be in the form of cash, a
check, or some other subsitute for money; and cannot be services, land or other
goods - ANSWER: f
Once a buyer has accepted goods from the seller, he waives all his legal remedies for
any defects or nonconformity in the goods - ANSWER: f
If a carload of wheat is considered to be a commercial unit, a buyer who contracts to
buy 10 carloads and accepts 8 and 1/2 carloads, is considered to have accepted 9
carloads - ANSWER: t
once a buyer has accepted goods, he cannot revoke that acceptance - ANSWER: f
one important implication of the buyers acceptance of the goods is that he is obliged
to pay for them once he has accepted - ANSWER: t
Once rejection occurs, a non-merchant buyer is not obligated to ship the goods back
to the seller and must only use reasonable care to hold goods for a sufficient ime for
the seller to retrieve them - ANSWER: t
(VERSION A AND B) COMPLETE 400 QUESTIONS WITH
DETAILED VERIFIED ANSWERS /ALREADY GRADED A+
Under the UCC, what theory usually is used to excuse a failure to perform that is
justified by unforseen events - ANSWER: Commercial impracticability
a merchant buyer who rejects nonconforming goods - ANSWER: A and B
a nonmerchant buyer who rejects nonconforming goods - ANSWER: must hold the
goods for the seller for a reasonable time
Revocation of acceptance by the buyer - ANSWER: requires a substantial
nonconformity in the goods
in which of the following situation is a buyer least likely to have a right to inspect the
goods before paying for them? - ANSWER: In a COD sale
The Maguson-moss Act basically applies only to certain sales of consumer products
to consumers. T/f - ANSWER: T
IN order to be liable under the implied warranty of merchantability, a seller must be
a merchant. T/f - ANSWER: t
An express warranty can only be created by words, whether written or oral. t/f -
ANSWER: f
Today, the absence of privity between plaintiff and defendant is no longer a defense
under Article 2 of the UCC - ANSWER: f
generally speaking, disclaimers of liability will not work in consumer cases that
proceed uner section 402A - ANSWER: t
traditionally, assumption of risk has been a good defense in implied warranty suits -
ANSWER: t
comparitive fault statutes often include assumption of risk and product misuse
among the kind of "fault" that are apportioned between plaintiff and the defendant -
ANSWER: t
in order to disclaim the implied warranty of merchantability, the seller must use
writing. - ANSWER: f
A remedy limitation is likely to be unconscionable in sonsumer cases involving
personal injury - ANSWER: t
, in a case brought under UCC, it is very difficult for a plaintiff to recover for lost profits
against a party w/ whom he did not deal directly - ANSWER: t
Article 2 of the UCC only allows recovery for "commercial" losses such as basis-of-
the-bargain damages and indirect economic loss. Personal injury recoveries are
impossible under article 2? - ANSWER: f
a statement that is "seller is not liable for any consequential damages caused by any
defect in this product" is called a disclaimer? - ANSWER: f
For which of the following product liability theories must the seller be a UCC
merchatn or a party like the UCC Merchant? - ANSWER: Section 402A
If there is a conflict between the express terms of a contract for the slae of goods
and the past course of dealing between the parties, the express terms prevail -
ANSWER: t
under article 2 of the ucc, consideration is necessary for the modific. of a contract -
ANSWER: f
If the buyer and the seller do not agree on the place of delivery, the place of delivery
normally is the buyers place of business? - ANSWER: f
if goods are shipped to the buyer on delivery (COD), the buyer must pay for the
goods before inspecting them unless they are marked "inspeciton allowed" -
ANSWER: t
article 2 of the UCC says that payment for goods must be in the form of cash, a
check, or some other subsitute for money; and cannot be services, land or other
goods - ANSWER: f
Once a buyer has accepted goods from the seller, he waives all his legal remedies for
any defects or nonconformity in the goods - ANSWER: f
If a carload of wheat is considered to be a commercial unit, a buyer who contracts to
buy 10 carloads and accepts 8 and 1/2 carloads, is considered to have accepted 9
carloads - ANSWER: t
once a buyer has accepted goods, he cannot revoke that acceptance - ANSWER: f
one important implication of the buyers acceptance of the goods is that he is obliged
to pay for them once he has accepted - ANSWER: t
Once rejection occurs, a non-merchant buyer is not obligated to ship the goods back
to the seller and must only use reasonable care to hold goods for a sufficient ime for
the seller to retrieve them - ANSWER: t
