Proof of Breach Under UCC and Common Law Flashcards
(40 cards)
Generally, under the common law and before securing contract damages, a buyer must prove: The seller materially breached a valid sale-of-goods contract.
True
Generally, under the common law and before securing contract damages, a buyer must prove: The seller partially performed a contractual obligation.
False
Generally, under the common law, a seller —who materially breaches a sale-of-goods contract may secure contract damages.
False
Generally, under the common law, a seller —who substantially performs a contractual obligation —may receive contract damages.
True
Generally, under the common law, a seller’s partial performance—under a sale-of-goods contract — excuses a buyer’s further performance.
False
Generally, under the common law, a seller’s material breach of a sale-of-goods contract excuses a buyer’s further performance.
True
Generally, under the common law, a seller’s partial performance—under a sale-of-goods contract — discharges a buyer’s further performance.
False
Generally, under the common law, a seller’s substantial performance—under a sale-of-goods contract — discharges a buyer’s further performance.
False
Generally, under the common law, a seller’s substantial performance—under a sale-of-goods contract — excuses a buyer’s further performance.
False
Generally, under the common law, a seller’s material breach of a sale-of-goods contract discharges a buyer’s further performance.
True
Generally, under the UCC § 2-601’s perfect tender rule and before securing contract damages, a buyer must prove: The seller materially breached a valid sale-of-goods contract.
False
Generally, under the UCC § 2-601’s perfect tender rule and before securing contract damages, a buyer must prove: The seller partially performed a contractual obligation.
False
Generally, under the UCC § 2-601’s perfect tender rule, a seller who materially breaches a sale-of-goods contract may secure contract damages.
False
Generally, under the UCC § 2-601’s perfect tender rule, a seller—who substantially performs a contractual obligation —may receive contract damages.
False
Generally, under the UCC § 2-601’s perfect tender rule, a seller — who partially performs an obligation — excuses a buyer’s further performance.
False
Generally, under the UCC § 2-601’s perfect tender rule, a seller’s material breach of a contract excuses a buyer’s further performance.
False
Generally, under the UCC § 2-601’s perfect tender rule, a seller’s partial performance of a contract discharges a buyer’s further performance.
False
Generally, under the UCC § 2-601’s perfect tender rule, a seller’s substantial performance of a contract discharges a buyer’s further performance.
False
Generally, under the UCC § 2-601’s perfect tender rule, a seller’s substantial performance of a contract excuses a buyer’s further performance.
False
Generally, under the UCC § 2-601’s perfect tender rule, a seller’s material breach of a contract discharges a buyer’s further performance.
False
Generally, under the UCC § 2-601’s perfect tender rule, a buyer may reject a seller’s goods if the goods partially conform to the contract.
True
Generally, under the UCC § 2-601’s perfect tender rule, a buyer may reject a seller’s goods if the goods deviate in any manner from contractual term.
True
Generally, under the UCC § 2-601’s perfect tender rule, a buyer may reject a seller’s goods for any trivial defect.
True
Generally, under the UCC § 2-601’s perfect tender rule, a seller’s goods must always conform precisely to the terms of the sales contract.
True