Various MCQs Questions

Various MCQs Questions for $19 Only (Instant Download)

Free Sample Answer Given Below

1. Carl goes to a store to buy a television. At the store, there’s a television playing. Carl thinks the picture and sound on that television is good, so he buys the same model. He takes it home, plugs it in, and finds that the picture and sound, while reasonably good, aren’t as good as what he saw in the store. He sues for breach of warranty. If he wins, it will be because A. there’s a breach of warranty of fitness for a particular purpose. B. the demonstration of the model constituted a warranty that proved false. C. there’s a failure of consideration. D. there’s a breach of warranty of merchantability.

2. In August, wholesaler Terrence contracts with retailer Elmer to sell Elmer 500 pairs of blue pants for $5,000 in December. Then, in October, the price of pants drops due to a deal Terrence has made with the manufacturer. Terrence, seeking to get more business from Elmer, agrees in writing to drop the price of the pants due in December from $5,000 to $3,500. Then, in November, the deal Terrence made with the manufacturer falls through, and Terrence calls Elmer and tells him the original price of $5,000 will be charged. Elmer sues, seeking damages based on the lower purchase price. The most likely result is A. the court will award damages based on an average of the two prices. B. Terrence wins because Elmer originally agreed to $5,000. C. Elmer wins because the modification was effective. D. Terrence wins because the price modification was made without Elmer’s consideration.

3. Tom contracts with Sarah to sell 500 pairs of pants for $5,000. Tom ships the goods to Sarah via a common carrier. While in transit, the delivery truck drives over a cliff and the pants are destroyed. If the court rules that Sarah bears the loss, which of the following statements must be true? A. The contract is C.O.D. B. The contract is a destination contract. C. The contract is a shipment contract. D. The contract is F.O.B.4. X Company manufactures bicycles. X Company shipped a group of bicycles to Y Sporting Goods in a small town. Johnny purchased one of the bicycles manufactured by X Company from the Sporting Goods store. While he was riding the bicycle the day after purchasing it, the front wheel fell off, and Johnny fell and broke his arm. The cause of the accident was a defect that existed when X Company shipped it to Y Sporting Goods. Will Johnny be successful if he files a lawsuit alleging strict liability? A. Yes, each of the requirements for an action in strict liability is met. B. No, the goods must not have been substantially changed from the time the product was sold to the time the injury was sustained. C. No, the product must be unreasonably dangerous to the user or consumer because of its defective condition. D. No, the defendant must normally be engaged in the business of selling or distributing the product.

5. Jake bought a motorcycle from his neighbor Randy. Randy had owned the motorcycle for his personal use for about two years. The day after the purchase, Jake is seriously injured after the motorcycle suddenly veers off of the highway due to a manufacturing defect. Jake brings a strict liability action against Randy. Jake will most likely lose because the A. defendant must normally be engaged in the business of selling or otherwise distributing motorcycles. B. motorcycle can’t have been substantially changed from the time the product was sold to the time of the injury. C. product must be in a defective condition when the defendant sells it. D. plaintiff must incur physical harm by use of the motorcycle.

6. Lulu orders 20 pairs of navy blue pants from Peter for $4,000, with delivery due no later than November 15. On November 15, Peter delivers 20 navy dresses. Lulu may A. keep the goods and seek adjustment. B. sue for breach. (Sample Answer) C. sue for specific performance. D. cover the sale.

7. Sam bought a new suit. The first time Sam took the suit to the cleaners, it disintegrated through no fault of the cleaners. What theory is best for recovering the price of the suit from the seller? A. Contributory negligence B. Breach of warranty of title C. Unfair trade practices D. Breach of implied warranty of merchantability

8. Tom wants to change the oil in his automobile, and to do so, he needs to purchase an oil filter. He goes to the auto supply store and tells the clerk that he needs to change the oil in his vehicle and wants an appropriate oil filter for his make and model of vehicle. The clerk recommends oil filter XYZ-2. Tom purchases the oil filter, takes it home, and puts it on his vehicle. The oil filter isn’t suited for the vehicle and, as a result, the vehicle is damaged. Tom can sue successfully based on breach of A. express warranty. B. implied warranty of title. C. implied warranty of merchantability. D. implied warranty of fitness for a particular purpose.

9. Zeke orally agrees to sell six television sets to Molly for $4,000. Zeke then changes his mind and tells Molly the deal is off. Molly sues, claiming breach of contract to sell six television sets for $4,000. Zeke testifies about an oral agreement to sell five television sets to Molly for $4,000. The most likely result is that A. the court will enforce an agreement to sell five television sets for $4,000. B. there’s no enforceable agreement because oral agreements aren’t enforceable if the parties disagree about the terms. C. the court will enforce an agreement to sell six television sets for $4,000. D. there’s no enforceable agreement; it wasn’t in writing.

10. Bob enters into a contract to sell a furnace to Carl and also agrees to install it. Bob and Carl have a dispute over the contract. The contract will be governed by A. non-UCC law because it includes the service of installation. B. UCC law because the contract failed to expressly state that the UCC wouldn’t govern the transaction. C. non-UCC law because the contract failed to expressly state whether the UCC would govern the transaction. D. UCC law because the dominant element of the contract is sale of goods. (Sample Answer)

11. John, an automobile dealer, entered a contract with Lisa in which Lisa agreed to purchase a 1995 Chevrolet automobile as is from John for $2,000. John expressly told Lisa that the motor in the automobile was bad, along with the clutch and brakes. Further, John told Lisa that she would probably need to have the automobile repaired immediately on leaving the dealership. Lisa purchased the automobile despite its problems. However, Lisa became disgruntled because the costs of the repairs were more than she expected. She filed suit against John for breach of warranty. The most likely result will be that Lisa will A. lose because no warranties were violated. B. win because the implied warranty of merchantability was violated. C. win because the implied warranty of fitness for a particular purpose was violated. D. lose because the UCC doesn’t apply to sale of automobiles

12. Mary and George enter a contract in which George agrees to sell Mary vases made in his vase factory in Bedford Falls, New York. Mary lives in Los Angeles, California. The contract expressly states that the sale is F.O.B. (free on board) Los Angeles. The vases are damaged during transport between Bedford Falls and Los Angeles. Who bears the risk of loss? A. Both George and Mary B. Mary’s insurance carrier C. Mary D. George

13. Tom agrees to sell 500 pairs of pants to Sally for $5,000. Tom delivers the pants. Sally hands Tom a check. Tom demands cash and refuses to accept the check. Which of the following statements is true? A. Sally is in breach because Tom is permitted to demand cash. B. Sally must pay cash but is entitled to a reasonable time to come up with the cash. C. Tom is in breach as the UCC gives him no right to demand cash. D. Sally will be in breach if she doesn’t immediately give Tom $5,000 in cash.

14. Sal, who owns and operates an appliance store, comes to Diana’s house and convinces her to purchase a vacuum cleaner for $50. Two days later, Diana changes her mind. Diana can avoid the contractual obligation under the __________ rule. A. negative option B. antislamming C. telemarketing D. cooling-off

15. Terra drops off her diamond ring at Jewel’s Jewelry shop to have it cleaned. By mistake, the ring ends up in a display counter and is sold by Jewel to Lulu for $9,000. Terra learns what has happened wants Lulu to give her the ring back. Lulu wants to keep it because she likes it. Which of the following statements is true? A. Lulu may keep the ring if she pays Terra $9,000. B. Lulu may keep the ring if she pays Terra the fair value of the ring. C. Lulu may keep the ring and owes Terra nothing because Lulu is the true owner. (Sample Answer)D. Lulu must give the ring to Terra because she is the true owner.

16. Tom contracts to sell goods to Velia. The contract isn’t C.O.D. and doesn’t provide for payment against a document of title. Tom delivers the goods. Which of the following statements is true? A. Velia has a right to inspect the goods before accepting or paying for the goods. B. Velia must pay for the goods but may inspect before accepting. C. Velia must accept the goods but may inspect before paying. D. Velia must accept the goods.

17. Zeke orally agrees to sell a video game to Molly for $200. Zeke then changes his mind and tells Molly the deal is off. Molly sues, claiming breach of contract. Both parties tell the court there was an oral agreement for $200. The most likely result is that A. Molly wins because agreements for less than $500 don’t have to be written. B. Zeke wins because of the parol evidence rule. C. Molly wins because Zeke admits the oral agreement. D. Zeke wins because the agreement wasn’t in writing.

18. Clementine, a debt collector, phones the home of Herschel for the purpose of collecting a debt owed by Herschel. Herschel isn’t at home and Herschel’s wife Edith answers. Clementine tells Edith that Herschel owes $500 on the debt Clementine is trying to collect. Which of the following statements is true? A. Clementine has violated the Fair Debt Collection Practices Act by telling Edith how much Herschel owes on the debt. B. Clementine has violated the Fair Debt Collection Practices Act by communicating by phone rather than in writing. C. Clementine hasn’t violated the Fair Debt Collection Practices Act. D. Clementine has violated the Fair Debt Collection Practices Act by phoning Herschel’s home.

19. Lulu orders 20 pairs of navy blue pants from Peter for $4,000, with delivery due no later than November 15. On November 6, Peter delivers the goods to a common carrier for shipment. Two minutes later, Lulu phones to say that she won’t be able to pay for the goods because she has gone out of business. Peter may A. recover damages from the goods. B. resell the goods. C. sue for the price of the goods. (Sample Answer) D. stop delivery of the goods.

20. Lulu orders 20 pairs of navy blue pants from Peter for $4,000. On receipt of 20 pairs of sky blue pants, Lulu begins offering the pants for sale in her store. After a few days, when no one buys the pants, Lulu ships them back to Peter, claiming that the pants aren’t the color that was specified in the contract and claiming that Peter needs to ship her conforming goods. Peter claims he doesn’t have to do anything and that Lulu owes him $4,000. Which of the following statements is true? End of exam A. Lulu owes Peter $4,000 because she accepted the pants. B. Lulu owes Peter nothing because she hasn’t accepted the pants until she either pays or signifies that the pants conform to the requirements of the contract. C. Lulu owes Peter $4,000 because the pants approximate what was required under the contract. D. Peter must ship to Lulu 20 pairs of navy blue pants.

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