JURI 530 Quiz 3

JURI 530 Quiz 3

JURI 530 Quiz 3 Liberty University

JURI 530 Quiz Determining the Meaning of the Contract

Covers the Learn material from Module 5: Week 5.

1. NueGlazz, LLC manufactures glass used in specialty industrial and defense applications. Its salesperson provides a sample of its Impact!Glass material to ClosedCar, Inc., a manufacturer of specialized law enforcement vehicles. After seeing the sample and testing it, ClosedCar purchases a quantity of Impact!Glass and finds that it does not perform as well as the sample did. The contract between NueGlazz, LLC and ClosedCar, Inc. makes no reference to any warranty. Choose the best answer:
2. Section 2-202 of the Uniform Commercial Code differs from the common law Parol Evidence Rule in which way?
3. OfficeProducts enters into a paper-purchase agreement with Accounting Firm to sell all of the printer paper required at Accounting Firm’s headquarters. The paper-purchase agreement does not include an ending date. After performing the contract for two years, Accounting Firm wonders when its obligation to purchase paper from OfficeProducts ends. Choose the best answer:
4. Which answer best describes priority of evidence of parties’ intent?
5. Hair Salon contracts with Photographer to take photographs of Hair Salon’s new salon facilities for use in promotional materials. The contract does not define how many photographs Photographer has to take or precisely what Photographer is required to take pictures of. Photographer wonders what his specific obligations are to Hair Salon. Choose the best answer:
6. Alan signs a purchase agreement to buy a used car from Dealer. The purchase agreement is a complete integrated agreement, prepared by the Dealer. However, the purchase agreement describes the vehicle purchased as a “Green 2020 Chevy Silverado.” There are two green 2020 Chevy Silverado vehicles on the Dealer’s lot, and a dispute arises regarding which one was the subject of the purchase
   Choose the best answer:
7. If one party wants to introduce evidence not included in the parties’ integrated written contract, to explain the meaning of a term of the parties’ contract, what is the best argument for them to advance over a Parol Evidence Rule exception?
8. In December, CarterCo contracts to sell and DanaCo to buy 200 watches specially designed for use by divers who perform industrial underwater welding. The agreement describes the watches as “deep ocean-rated diving timepieces.” Several of the watches fail when used by divers at a depth below 500 meters. CarterCo claims that 500 meters is too deep for the watches. DanaCo claims that the watches failed between 500 and 750 meters and that such use constitutes “deep ocean” diving. DanaCo seeks to introduce evidence that, in an earlier contract, back in February, CarterCo sold 100 of the same watches to DanaCo. Eleven watches from that contract failed when used below 500 meters too, and CarterCo replaced all of them. Which answer best describes DanaCo’s evidence?
9. Which is the best definition of a merger clause?
10. Where a contract for the sale of goods fails to include an express warranty term, the UCC will imply a warranty of
11. Buyer and Seller enter into a written, completely integrated agreement for the sale of 1,230 “standard opening” plastic containers. A dispute arises regarding the meaning of “standard opening.” Choose the best answer:
12. Seller enters into a contract with Buyer to sell three bulldozers to Buyer for $240,000 each. The written contract is completely integrated but does not contain a no-oral- modification provision. After the written contract is signed and before the contract is performed, Buyer and Seller agree over the telephone to increase the number of bulldozers to four, but to keep the price the same: $240,000 each. Assume the CISG applies to this transaction. Choose the best answer.
13. In order to apply the Parol Evidence Rule to a written agreement, it is necessary to assess
14. Mannie purchases a $350 set of outdoor patio-furniture covers from CoverSales. He buys the covers to protect his new outdoor patio furniture set. The packaging, advertising, and documentation that came with the covers were silent as to warranty. After a heavy rain, Mannie is disappointed to learn that all of his furniture is wet, and that as a result some of the metal parts on the furniture are rusted. When he calls CoverSales to complain, the CoverSales representative tells him that the covers do not come with any warranty and suggests that he purchase a new set of covers. Is the representative right that the covers do not come with any warranty? Fully explain your answer.
15. Which of the following statements regarding the Parol Evidence Rule is true?
16. In the process of determining the terms binding the parties, the court will apply which of the following rules?
17. Caty makes steel belt buckles. Igor makes leather belts and needs a source for belt buckles. Caty and Igor agree that Igor will buy all of the belt buckles he needs for his belt production from Caty at a price of $1 per buckle for the next 12 months. The contract includes a provision stating that Igor estimates that he will need 175–200 buckles each month. Each month, Igor calls Caty and orders 175 buckles. After performing the contract for seven months, Igor calls Caty and places a monthly order of 1,200 buckles. Caty does not have enough buckles to fill this order. If she refuses to fill the order, is she in breach of her contract with Igor? Fully explain your answer, including any rule(s) necessary to support it.
18. Gaston enters into a contract with Emma to sell three used cars to Emma for $2,500 each. The written contract is completely integrated but does not contain a no-oral- modification provision. After the written contract is signed and before the contract is performed, Gaston and Emma agree over the telephone to increase the number of cars to four, but to keep the price the same: $2,500 each. Choose the best answer.
19. Courts sometimes will apply default legal rules to address issues the parties did not address in their contract. What is this process called?
20. True or false: In a completely integrated agreement, any evidence of subsequent modification of a contract will not be excluded by the Parol Evidence Rule.

Set 2

1. In process of interpreting contract terms, the court will apply which of the following rules?
2. In order to apply the Parol Evidence Rule, it is necessary to assess
3. GlassGlassGlass, LLC manufactures glass used in specialty industrial and defense applications. Its salesperson provides a sample of its SuperGlass material to VehicO, Inc., a manufacturer of specialized law enforcement vehicles. VehicO purchases a quantity of SuperGlass and finds that it does not perform as well as the sample did. The contract between GlassGlassGlass, LLC and VehicO, Inc. makes no reference to any warranty. Choose the best answer
4. Seller enters into a contract with Buyer to sell three used motorcycles to Buyer for $3,000 each. The written contract is completely integrated and contains a no-oral-modification provision. After the written contract is signed and before the contract is performed, Buyer and Seller agree over the telephone to increase the number of motorcycle to four, but to keep the price the same: $3,000 each. Choose the best answer.
5. Section 2-202 of the Uniform Commercial Code differs from the common law Parol Evidence Rule in which way?
6. Alan signs a purchase agreement to buy a used car from Dealer. The purchase agreement is a complete integrated agreement, prepared by the Dealer. However, the purchase agreement describes the vehicle purchased as a “Red 2015 Chevy Silverado.” There are two red Chevy Silverado vehicles on the Dealer’s lot, and a dispute arises regarding which one was the subject of the purchase agreement. Choose the best answer:
7. Which of the following statements regarding the Parol evidence rule is false?
8. AGRO agrees to provide as many bales of “elephant feed” as the Municipal Zoo requires. The agreement does not include an ending date. After performing the contract for two years, AGRO wonders when its obligations end. Choose the best answer:
9. Where a contract for the sale of goods fails to include a term, the UCC frequently provides a _______________ filling term.
10. Buyer and Seller enter into a written, completely integrated agreement for the sale of 300 “grade A” aluminum gaskets. A dispute arises regarding the meaning of “grade A.” Choose the best answer:
11. Which answer best describes priority of evidence of parties’ intent?
12. AGRO contracts to hire Consultant to review AGRO’s human resources policies and “prepare a report containing all of Consultant’s recommendations for AGRO’s policies.” Consultant wonders what its specific obligations are to AGRO. Choose the best answer:
13. Which of the following is a false statement about the Parol Evidence Rule?
14. CarterCo contacts to sell and DanaCo to buy 2,000 watches specially designed for use by divers who perform industrial underwater welding. The agreement describes the watches as “deep ocean-rated diving timepieces.” Several of the watches fail when used by divers at a depth below 500 meters. CarterCo claims that 500 meters is too deep for the watches. DanaCo claims that the watches failed between 500 and 750 meters, and that such use constitutes “deep ocean” diving. DanaCo seeks to introduce evidence that when the first eight watches failed, CarterCo replaced them. Which answer best describes DanaCo’s evidence:
15. Seller enters into a contract with Buyer to sell three bulldozers to Buyer for $240,000 each. The written contract is completely integrated but does not contain a no-oral-modification provision. After the written contract is signed and before the contract is performed, Buyer and Seller agree over the telephone to increase the number of bulldozers to four, but to keep the price the same: $240,000 each. Assume the CISG applies to this transaction. Choose the best answer.
16. True or False: Contract interpretation involves a legal determination of the effect given to the parties’ intent by the applicable governing law, but contract construction is a factual search for what the parties intended.
17. “A merger clause is a contract provision that seeks to notify the reader that some of the terms of the agreement must be found in another written agreement.” Is that statement correct?
18. A “no oral modification clause” is unnecessary in a completely integrated agreement because any evidence of subsequent modification of a contract will be excluded by the Parol Evidence Rule.
19. AGRO agrees to provide as many bales of “elephant feed” as the Municipal Zoo requires between January 1 and December 31 at a price of $12 per bale. After performing the contract for two months, AGRO claims that it is not bound to the contract “because the Zoo is not obligated under the contract and it is therefore illusory.” Municipal Zoo argues that the contract is a valid, enforceable requirements contract. Who is right? Fully explain your answer, including any rule(s) necessary to support it.
20. AlphaCo purchases 100 dump truck tires from BetaCo. Prior to the purchase the president of AlphaCo speaks with BetaCo’s sales representative regarding whether the tires will work well in the extreme mud conditions where AlphaCo’s trucks frequently work. BetaCo’s sales representative tells him that the tires are not specifically designed for extreme mud conditions but that they will “work perfectly in the kind of mud you are describing to me.” BetaCo claims that the sale of the tires is not subject to an implied warranty of fitness for a particular purpose. Is BetaCo right? Fully explain your answer, including any rule(s) necessary to support it.