UCC article 2 Flashcards
(19 cards)
What does UCC § 2-104 define?
UCC § 2-104 defines ‘Merchant’ as a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved.
True or False: A merchant is required to have specialized knowledge about the goods they sell according to UCC § 2-104.
True
What is the main focus of UCC § 2-312?
UCC § 2-312 focuses on the seller’s warranty of title and against infringement.
Fill in the blank: UCC § 2-403 discusses the concept of __________.
Power to transfer
What warranty is implied by UCC § 2-313?
UCC § 2-313 implies a warranty of merchantability if the seller is a merchant with respect to goods of that kind.
Multiple Choice: Which UCC section addresses the conditions under which a seller can disclaim certain warranties?
A) 2-312
B) 2-315
C) 2-316
D) 2-403
C) 2-316
What does UCC § 2-314 imply about goods sold by a merchant?
UCC § 2-314 implies that goods must be merchantable and fit for the ordinary purposes for which such goods are used.
True or False: According to UCC § 2-315, a seller is not responsible for the buyer’s particular purpose unless they have reason to know of it.
True
What is the main principle of UCC § 2-316?
UCC § 2-316 allows parties to exclude or modify implied warranties, and it sets forth the requirements for such exclusions.
Short Answer: What is the significance of UCC § 2-403 regarding the transfer of title?
UCC § 2-403 provides that a person with the power to transfer goods can pass title to those goods even if they do not have ownership.
Multiple Choice: Which UCC section refers to the implied warranty of fitness for a particular purpose?
A) 2-314
B) 2-315
C) 2-312
D) 2-316
B) 2-315
What is the definition of ‘merchantability’ in the context of UCC § 2-314?
Merchantability means that the goods are of average acceptable quality and are fit for the ordinary purposes for which such goods are used.
True or False: UCC § 2-312 provides that a seller warrants good title to the goods sold.
True
Fill in the blank: UCC § 2-313 outlines the __________ warranty.
Express
Short Answer: What does UCC § 2-104 say about a non-merchant seller?
UCC § 2-104 states that a non-merchant seller is not held to the same standards as a merchant regarding the sale of goods.
What does UCC § 2-316 require for a warranty disclaimer to be valid?
UCC § 2-316 requires that disclaimers be clear and conspicuous, and it must be in writing if it applies to an implied warranty.
Multiple Choice: Under UCC § 2-403, who has the authority to transfer goods?
A) Only the owner
B) Anyone
C) A person with power to transfer
D) A merchant only
C) A person with power to transfer
True or False: UCC § 2-312 only applies to sales of goods between merchants.
False
What is the primary focus of UCC § 2-315?
The primary focus of UCC § 2-315 is on the seller’s obligation when the buyer has a specific purpose for which they require the goods.