21, Ifa seller fails to deliver confonming oods, the huyer can cancel the contru
ID: 334207 • Letter: 2
Question
21, Ifa seller fails to deliver confonming oods, the huyer can cancel the contruct and sae for damages MULTIPLE CHOICE: Select the Best Choice 22. Regal Boots, Inc., and Payless Shoe Company orally agree to a sale of 100 pairs of hiking boots for $5,000 Regal gives Payless a check for $500 as a down payment. At this point, the contract is a enforceahle at least to the extent of $500 b. fally enforceable because it is for specially made goods c. unenforceable because it is oral. d.none of the above 23. Potato-head receives 100 copies of newspaper from "Sun Times" to sell, and to bring back any unsold copies at the end of the day for credit. This arrangement is appropriately known as: a. sale on Approval b. sale or return c. unconditional sale. d. none of the above. 24. A type of goods, the nature of which is such that it cannot be separated is known as: a. inseparable goods. b. indivisible goods.Explanation / Answer
21) There are various remedies available for buyer if the seller fails to deliver conforming goods:
Under the UCC section 2-711(1), 2A-508(1) (a); the buyer can cancel the contract with the seller. This also allows buyer to claim damages from the seller after the cancellation.
22) In this case, both the parties have verbally agreed to each other, offer has been made and offer has been accepted. Parties enter into contract in case of verbal agreements when they exchange something of value i.e. $500 in this case. Also, when a buyer makes down payment for a non-fungible goods or specially made good, the entire contract becomes enforceable
This contract would be fully enforceable because it is made for specially made goods
23) This arrangement is called sales or return as the buyer can easily return the unsold goods to the seller without paying anything to the seller.
24) Nature of good which cannot be separated is combined goods like medicines, they combine number of goods to form combined goods and they cannot be separated a sit will lose its identity, effectiveness etc.
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