For the firm offer rule to apply,

86) For the firm offer rule to apply, who must be a merchant?
The offeree.
The offeror.
Both the offeror and the offeree.
Neither the offeror nor the offeree.
The offeree only if the offeree is a corporation.
Susan decides to buy new carpet for her home. She goes to Carpet City and chooses the carpet she likes. As part of the deal, Carpet City agrees to install the carpet. The carpet is installed while Susan is at work. When she returns home and sees it, Susan immediately notices problems. The carpet is not the same quality of carpet she ordered, and the color is off. Does the UCC apply,
and why or why not?
The UCC does not apply because it does not apply to mixed contracts of goods and services.
The UCC does not apply because the deal with Carpet City included service that is not covered by the UCC.
The UCC applies because the predominant part of the transaction between Susan and Carpet City was the sale of goods.
The UCC does not apply because Susan and Carpet City did not agree in writing before the carpet was installed that the UCC would apply.
The UCC appl ies because it applies to service contracts as well as to contracts for the sale of goods.
Which of the following situations creates a sale that falls under UCC sales law rules?
Katherine contracts to pay Mike $880.00 to have her bedroom painted. $800.00 is for labor and $80.00 is for the paint.
All of the above are UCC sales contracts.
Katherine makes a contract to purchase a shed that requires assembly. The contract price is for $8,000.00 which includes $400.00 for labor.
Abc rentals rents a cement mixer to Katherine.
Dr. Mackey agrees to teach at yahoo university for 1 year.
Seller who is located in Atlanta, Georgia contracted to sell a shipment of peaches to the 1910 fruit gum company located in Buffalo, New York. The peaches were sold f.o.b. Buffalo. Seller delivered the peaches to the proper carrier in Atlanta and the peaches were destroyed during shipping. Under these facts:
Seller and buyer share the risk of loss.
Seller bears the risk of loss and is responsible.
This is a trick question; goods can’t be shipped f.o.b. Buffalo.
Buyer bears the risk of loss and is responsible.
Neither the seller nor the buyer bear risk of loss, the carrier bears the risk of loss.
90) Which of the following is true regarding a shipment contract?
Such contracts require the seller to bear the risk of loss to the goods during their transportation.
It requires the seller to deliver conforming goods to the buyer by use of the seller’s own trucks.
The risk of loss does not pass until the goods are tendered to the buyer at the specified destination.
It requires the seller to deliver conforming goods to a specific destination.
It requires the seller to ship goods conforming to the contract to a buyer via a carrier.
Under Article 2A of the UCC, for which types of lease(s) is the risk of loss on the lessor during the term of the lease?
Loss-shifting leases.
Both ordinary and finance leases.
Ordinary leases.
Finance leases.
Neither ordinary nor finance leases.

In Lindholm v. Brandt, when Malmberg sold Lindholm’s “Red Elvis” to Brandt, the COJrt found that:
Malmberg had been entrusted with the artwork and could pass the voidable title to Brandt because Brandt qualified as a good faith purchaser.
Malmberg had been entrusted with the artwork and could pass the void title to Brandt because Brandt qualified as a good faith purchaser.
Malmberg had stolen the artwork and could pass the void title to Brandt because Brandt qualified as a good faith purchaser.
Malmberg had been entrusted with the artwork but had a void title because he breached the terms of the entrustment so he couldn’t pass good title to Brandt.
Malmberg had stolen the artwork, so he couldn’t pass his void title to Brandt.
93) A destination contract requires that the seller:
assist the buyer in handling goods once received by the buyer.
give proper and adequate notice to the buyer.
deliver the goods to the buyer.
a and c.
band c.
If a seller has delivered nonconforming goods that have been rejected by the buyer, the seller has a right to cure:
only if the buyer agrees.
only if the contract specifically allows for cure.
under some circumstances, even if the original time for performance has passed.
only if the time for performance has not yet expired.
only for 24 hours.
95) Which of the following statements is true regarding installment contracts?
To be an installment contract, the contract must state that each delivery is a separate lot or words to that effect.
The buyer may reject the entire order for any nonconformity.
The buyer may reject the entire order only if the nonconformity in one shipment affects the value of the entire contract.
a, band c.
a and conly.
96) Which of the following is true about a buyer’s right of inspection?
If not mentioned in the contract, the buyer has the right to inspect goods in a reasonable time, place and manner once the goods have been accepted.

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This right must be agreed to in the contract in order for it to apply.
If not mentioned in the contract, the buyer has the right to inspect goods in a reasonable time, place and manner prior to accepting or paying for them.
This right exists even if not mentioned in the contract, and the buyer has the sole right to determine the time and place the right may be exercised.
This right exists even if not mentioned in the contract, and the seller has the sole right to determine the time and place the right may be exercised.
Which of the following is not necessary in order for the implied warranty of fitness for a particular purpose to apply to a sale of goods?
The goods are purchased.
The buyer relies on the seller’s skill and judgment.
The seller knows or has reason to know of the buyer’s intended use of the good.
The seller is a merchant.
The seller states that the goods will serve the purpose of the buyer’s intended use.
What was the result in Shoshone Coca-Cola Bottling Company v. Dolinski, in which the plaintiff became ill after consuming a soft drink with a dead mouse in it and sued the manufacturer of the drink?
The defendant won because the plaintiff could not explain how the mouse got in the drink.
Plaintiff won because he could prove negligence on the part of the defendant.
Plaintiff won because the defendant was held liable under the doctrine of strict liability in tort.
The defendant won because it had been as careful as possible in bottling the drink.
The defendant won because plaintiff’s drink was the only drink in the applicable lot or batch that was defective.
Which of the following is not a typical way that a manufacturing defect arises?
Failure to properly check the quality of the completed product.
Failure to properly design the product.
Failure to properly assemble the product.
Failure to properly test the product.
Failure to properly engineer the product.

100) In Sta-Rite Industries, Inc.v. Peterson, the court found Sta-Rites pool drain defectively designed based on which of the following except:
there was no shut off mechanism.
it was a screw down design that frequently came loose.
the 300 to 400 pounds of pull was excessive and unnecessary for the product.
there had been over 20 prior suction related accidents with Sta-Rite drain covers and pumps.
all of the above.