Question 1

In what ways is the coverage of the CISG and the UCC similar? Different?

Accepted Answer

The coverage of the CISG (United Nations...

Question 2

Who will prevail in the following scenarios applying the CISG? Would your answer change if the parties selected the UCC pursuant to a choice of law clause? Please provide a short explanation for each of your answers.
-"Scenario"An attempt by an American buyer to avoid payment for goods received from a French seller based upon a letter providing that the goods were "deficient in quality."

Accepted Answer

Utilizing the CISG,the French seller may...

Question 3

Money damages for breach of a sales contract is usually based on the difference between the market price and the contract price.

Accepted Answer

A) True 
 B)False

Question 4

If a merchant receives goods unsolicited with a note,"If I don't hear from you,I assume you will keep them and pay for them",failure to respond to the sender is an acceptance

Accepted Answer

A)   unless a rejection is sent within three (3)  days upon receipt
B)   silence is an acceptance
C)   no acceptance
D)   must return the goods within three (3)  days.E) None of the above
F) B) and D)

Question 5

In the U.S.,the remedy of specific performance is limited to those instances where:

Accepted Answer

A)   money damages would be sufficient, but the injured party does not want them.
B)   the goods are unique.
C)   the buyer does not want the goods for which he contracted.
D)   the seller wants to force the buyer to take the goods.E) A) and B)
F) None of the above

Question 6

The primary body of law in the U.S.dealing with domestic sales contracts is:

Accepted Answer

A)   Uniform Commercial Code (UC
C)  
B)   Convention on the International Sales of Goods (CISG) 
C)   Uniform Domestic Sales (UDS) 
D)   Convention on Domestic Contracts (CD
C)  .E) None of the above
F) A) and B)

Question 7

If a U.S.company wants to limit its implied warranties in connection with a sale of goods to a French company,the CISG provides that:

Accepted Answer

A)   no limitation of implied warranties is allowed.
B)   the limitation must be conspicuous and specific.
C)   the limitation must be agreed to by the French company.
D)   the limitation is valid no matter what the form.E) All of the above
F) A) and B) D

Question 8

Both the U.S.and France have ratified the Convention on Contracts for the International Sale of Goods (CISG) .A buyer in France and a seller in the U.S.enter into a contract for the sale of widgets.If a dispute arises:

Accepted Answer

A)   the CISG will apply since all the requirements have been met.
B)   the CISG will not apply since the requirement of "legal selection" has not been met.
C)   the Uniform Commercial Code (UC
C)   will apply since the seller is a U.S. company.
D)   neither the UCC nor CISG will apply.E) B) and C)
F) None of the above

Question 9

U.S.lawyers generally prefer to draft contracts in exacting,detailed,and technical language while Japanese contracts generally tend to be short and with relatively little detail.

Accepted Answer

A) True 
 B)False  True

Question 10

Compare and contrast the remedies for breach under the CISG and U.S.law.

Accepted Answer

The remedies for breach under the CISG (...

Question 11

Under common law,the offeror can withdraw his offer if withdrawal occurs before a transmitted acceptance is received.

Accepted Answer

A) True 
 B)False

Question 12

Specific performance is an equitable remedy requiring a party to pay the non-breaching party a specified sum of money for breach of contract.

Accepted Answer

A) True 
 B)False

Question 13

Under a device known as nachfrist notice,the CISG allows either party -- buyer or seller -- to fix an additional period of time,beyond the date called for in the contract,for the other to perform.

Accepted Answer

A) True 
 B)False

Question 14

Who will prevail in the following scenarios applying the CISG? Would your answer change if the parties selected the UCC pursuant to a choice of law clause? Please provide a short explanation for each of your answers.
-"Scenario"A claim of formation of a contract based upon a purported acceptance of an offer mailed by a Chinese offeree but never received by the American offeror.

Accepted Answer

Utilizing the CISG,the American offeror ...

Question 15

If a U.S.buyer wants to avoid a sales contract with an Italian seller,the CISG states that the U.S.buyer:

Accepted Answer

A)   can avoid the contract only if there has been a fundamental breach by the Italian seller.
B)   cannot avoid the sales contract under any circumstances.
C)   can avoid the contract even for minor breaches by the Italian seller.
D)   can avoid if done anytime within 30 days after the goods arrive.E) B) and C)
F) A) and B)

Question 16

The provisions concerning express and implied warranties are similar under the UCC and CISG.

Accepted Answer

A) True 
 B)False

Question 17

A seller's employees go on strike,is this a commercial impossibility a valid legal excuse for not performing under a sales contract.

Accepted Answer

A) True 
 B)False  False

Question 18

If a question arises over a trade usage,the CISG provides that:

Accepted Answer

A)   no reference to trade usage is allowed by a court.
B)   a court can look at those trade usages that the parties knew or ought to have known and are regularly used in the industry.
C)   a court can look at those trade usages to which the parties agree to be bound.
D)   both a court can look at those trade usages that the parties knew or ought to have known and are regularly used in the industry and a court can look at those trade usages to which the parties agree to be bound.E) C) and D)
F) B) and C)

Question 19

All of the following may be raised as reasons for nonperformance of sales contract except:

Accepted Answer

A)   Impossibility.
B)   Frustration of Purpose.
C)   Commercial Impracticability.
D)   Subjective Constraints.E) B) and D)
F) All of the above

Question 20

In certain cases,a court excuses nonperformance of a contract where an unexpected and unforeseeable event occurs that frustrates the purpose of the contract.

Accepted Answer

A) True 
 B)False

Exam 4: The Formation and Performance of Contracts for the Sale of Goods

In what ways is the coverage of the CISG and the UCC similar? Different?

Correct Answer
Answered by ExamLex AI
The coverage of the CISG (United Nations...
View Answer

Correct Answer
verified
Utilizing the CISG,the French seller may...
View Answer

Money damages for breach of a sales contract is usually based on the difference between the market price and the contract price.

Correct Answer
verified

If a merchant receives goods unsolicited with a note,"If I don't hear from you,I assume you will keep them and pay for them",failure to respond to the sender is an acceptance

Correct Answer
verified

In the U.S.,the remedy of specific performance is limited to those instances where:

Correct Answer
verified

The primary body of law in the U.S.dealing with domestic sales contracts is:

Correct Answer
verified

If a U.S.company wants to limit its implied warranties in connection with a sale of goods to a French company,the CISG provides that:

Correct Answer
verified
D

Both the U.S.and France have ratified the Convention on Contracts for the International Sale of Goods (CISG) .A buyer in France and a seller in the U.S.enter into a contract for the sale of widgets.If a dispute arises:

Correct Answer
verified

U.S.lawyers generally prefer to draft contracts in exacting,detailed,and technical language while Japanese contracts generally tend to be short and with relatively little detail.

Correct Answer
verified
True

Compare and contrast the remedies for breach under the CISG and U.S.law.

Correct Answer
Answered by ExamLex AI
The remedies for breach under the CISG (...
View Answer

Under common law,the offeror can withdraw his offer if withdrawal occurs before a transmitted acceptance is received.

Correct Answer
verified

Specific performance is an equitable remedy requiring a party to pay the non-breaching party a specified sum of money for breach of contract.

Correct Answer
verified

Under a device known as nachfrist notice,the CISG allows either party -- buyer or seller -- to fix an additional period of time,beyond the date called for in the contract,for the other to perform.

Correct Answer
verified

Correct Answer
verified
Utilizing the CISG,the American offeror ...
View Answer

If a U.S.buyer wants to avoid a sales contract with an Italian seller,the CISG states that the U.S.buyer:

Correct Answer
verified

The provisions concerning express and implied warranties are similar under the UCC and CISG.

Correct Answer
verified

A seller's employees go on strike,is this a commercial impossibility a valid legal excuse for not performing under a sales contract.

Correct Answer
verified
False

If a question arises over a trade usage,the CISG provides that:

Correct Answer
verified

All of the following may be raised as reasons for nonperformance of sales contract except:

Correct Answer
verified

In certain cases,a court excuses nonperformance of a contract where an unexpected and unforeseeable event occurs that frustrates the purpose of the contract.

Correct Answer
verified

Exam 4: The Formation and Performance of Contracts for the Sale of Goods

In what ways is the coverage of the CISG and the UCC similar? Different?

Correct AnswerAnswered by ExamLex AIThe coverage of the CISG (United Nations...View AnswerShow Answer

Correct AnswerverifiedUtilizing the CISG,the French seller may...View AnswerShow Answer

Money damages for breach of a sales contract is usually based on the difference between the market price and the contract price.

Correct AnswerverifiedShow Answer

If a merchant receives goods unsolicited with a note,"If I don't hear from you,I assume you will keep them and pay for them",failure to respond to the sender is an acceptance

Correct AnswerverifiedShow Answer

In the U.S.,the remedy of specific performance is limited to those instances where:

Correct AnswerverifiedShow Answer

The primary body of law in the U.S.dealing with domestic sales contracts is:

Correct AnswerverifiedShow Answer

If a U.S.company wants to limit its implied warranties in connection with a sale of goods to a French company,the CISG provides that:

Correct AnswerverifiedD

Both the U.S.and France have ratified the Convention on Contracts for the International Sale of Goods (CISG) .A buyer in France and a seller in the U.S.enter into a contract for the sale of widgets.If a dispute arises:

Correct AnswerverifiedShow Answer

U.S.lawyers generally prefer to draft contracts in exacting,detailed,and technical language while Japanese contracts generally tend to be short and with relatively little detail.

Correct AnswerverifiedTrue

Compare and contrast the remedies for breach under the CISG and U.S.law.

Correct AnswerAnswered by ExamLex AIThe remedies for breach under the CISG (...View AnswerShow Answer

Under common law,the offeror can withdraw his offer if withdrawal occurs before a transmitted acceptance is received.

Correct AnswerverifiedShow Answer

Specific performance is an equitable remedy requiring a party to pay the non-breaching party a specified sum of money for breach of contract.

Correct AnswerverifiedShow Answer

Under a device known as nachfrist notice,the CISG allows either party -- buyer or seller -- to fix an additional period of time,beyond the date called for in the contract,for the other to perform.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedUtilizing the CISG,the American offeror ...View AnswerShow Answer

If a U.S.buyer wants to avoid a sales contract with an Italian seller,the CISG states that the U.S.buyer:

Correct AnswerverifiedShow Answer

The provisions concerning express and implied warranties are similar under the UCC and CISG.

Correct AnswerverifiedShow Answer

A seller's employees go on strike,is this a commercial impossibility a valid legal excuse for not performing under a sales contract.

Correct AnswerverifiedFalse

If a question arises over a trade usage,the CISG provides that:

Correct AnswerverifiedShow Answer

All of the following may be raised as reasons for nonperformance of sales contract except:

Correct AnswerverifiedShow Answer

In certain cases,a court excuses nonperformance of a contract where an unexpected and unforeseeable event occurs that frustrates the purpose of the contract.

Correct AnswerverifiedShow Answer

Correct Answer
Answered by ExamLex AI
The coverage of the CISG (United Nations...
View Answer

Correct Answer
verified
Utilizing the CISG,the French seller may...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
D

Correct Answer
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Correct Answer
verified
True

Correct Answer
Answered by ExamLex AI
The remedies for breach under the CISG (...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
Utilizing the CISG,the American offeror ...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
False

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified