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business law Name Quiz Chapter 22 1. The statutory remedy for getting back one\'

ID: 2575693 • Letter: B

Question

business law

Name Quiz Chapter 22 1. The statutory remedy for getting back one's property that is in the possession of another person is a. Specific performance b. Replevin c. Adequate assurances d. A charging order 2. The contract remedy that forces a seller to go through with the sale of uniq ue good is a. Specific performance b. Replevin c. Adequate assurances d. A charging order 3. If a buyer discovers that a tender is non-conforming he may a. Accept the entire tender b. Reject the entire tender c. Reject a commercially reasonable portion of the tender and accept the rest d. Charge the cost of the inspection to the seller e. All of the above are remedies available to the buyer 4. A seller who tenders non-conforming goods must a. Pay for the cost of returning the goods b. Pay for the cost of inspecting the goods c. Make another tender of conforming goods within 10 days d. Both a and b e. a and b and c 5. Which of the following remedies are available to both buyers and sellers? a. Cover b. Cure c. Specific performance d. Adequate assurances cancellation fee to the shipper and incurred costs to store and to restock the goods. Sam can recover these costs from the buyer is damages. 6. When Ben Buyer wrongfully repudiated his contract with Sam Seller, Sam bad to pay a a. Consequential b. Incidental c. Punitive d. Liquidated A seller has a duty to mitigate damages when he has to decide whether to scrap or complete unfinished goods ordered by a buyer who breaches the contract. True or False 1. The remedy of adequate assurances is available to both buyers and sellers. A merchant whose tender is rejected may demand from the buyer a written statement of the defects. 2. 3. 4. A seller may resell the goods of a buyer who breached the contract only in a public auction.

Explanation / Answer

1) Answer: b

Replevin is the remedy available to the party whose goods has been seized due to a pending litigation over the ownership of such goods. It the remedy available to get back the possession of goods.

2) Answer: a

Specific performance shall fix the liability over the seller to perform the contract of sale of goods or provide service once the contract has been entered into with the buyer. It forces the seller to go through the sale process.

3) Answer: e

The buyer shall have all the above mentioned remedies from which he needs to choose upon. He may either accept or reject entire tender or may even accept the performing part of tender and reject the non performing part of it or may even charge the inspection charges.

4) Answer: e

The buyer shall excercise all the above mentioned options and the seller may be liable to pay for the cost of returning the goods or for inspection of the same or make another tender of confirming goods within a period of 10 days.