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Wiley CPA Exam Review Regulation 2012 9th Edition O. Ray Whittington, Patrick R. Delaney - Solutions

Which of the following is not a warranty made by the seller of a negotiable warehouse receipt to the purchaser of the document?a. The document transfer is fully effective with respect to the goods it represents.b. The warehouseman will honor the document.c. The seller has no knowledge of any facts
Under the Documents of Title Article of the UCC, which of the following statements is (are) correct regarding a common carrier’s duty to deliver goods subject to a negotiable bearer bill of lading?I. The carrier may deliver the goods to any party designated by the holder of the bill of lading.II.
A trade acceptance is an instrument drawn by aa. Seller obligating the seller or designee to make payment.b. Buyer obligating the buyer or designee to make payment.c. Seller ordering the buyer or designee to make payment.d. Buyer ordering the seller or designee to make payment.
Stanley purchased a computer from Comp Electronics with a personal check. Later that day, Stanley saw a better deal on the computer so he orally stopped payment on the check with his bank.The bank, however, still paid Comp Electronics when the check was presented three days later. Which of the
A check is postdated to November 20 even though the check was written out on November 3 of the same year. The drawer provided notice to the bank of the postdated check. Which of the following is correct under the Revised Article 3 of the Uniform Commercial Code?a. The check is payable on demand on
Under the Commercial Paper Article of the UCC, which of the following statements best describes the effect of a person endorsing a check “without recourse”?a. The person has no liability to prior endorsers.b. The person makes no promise or guarantee of payment on dishonor.c. The person gives no
Vex Corp. executed a negotiable promissory note payable to Tamp, Inc. The note was collateralized by some of Vex’s business assets. Tamp negotiated the note to Miller for value. Miller endorsed the note in blank and negotiated it to Bilco for value. Before the note became due, Bilco agreed to
Robb, a minor, executed a promissory note payable to bearer and delivered it to Dodsen in payment for a stereo system. Dodsen negotiated the note for value to Mellon by delivery alone and without endorsement. Mellon endorsed the note in blank and negotiated it to Bloom for value. Bloom’s demand
A check has the following endorsements on the back:Which of the following conditions occurring subsequent to the endorsements would discharge all of the endorsers?a. Lack of notice of dishonor.b. Late presentment.c. Insolvency of the maker.d. Certification of the check. Paul Folk without recourse
A subsequent holder of a negotiable instrument may cause the discharge of a prior holder of the instrument by any of the following actions excepta. Unexcused delay in presentment of a time draft.b. Procuring certification of a check.c. Giving notice of dishonor the day after dishonor.d. Material
Susan Town, on receiving the above instrument, struck Betty Ash’s endorsement. Under the Commercial Paper Article of the UCC, which of the endorsers of the above instrument will be completely discharged from secondary liability to later endorsers of the instrument?a. Ann Tyler.b. Mary Thomas.c.
Under the Negotiable Instruments Article of the UCC, when an instrument is indorsed “Pay to John Doe” and signed “Faye Smith,”which of the following statements is (are) correct?Payment of the instrument is guaranteed The instrument can be further negotiateda. Yes Yesb. Yes Noc. No Yesd. No
Which of the following actions does not discharge a prior party to a commercial instrument?a. Good faith payment or satisfaction of the instrument.b. Cancellation of that prior party’s endorsement.c. The holder’s oral renunciation of that prior party’s liability.d. The holder’s intentional
Which of the following parties has(have) primary liability on a negotiable instrument?I. Drawer of a check.II. Drawee of a time draft before acceptance.III. Maker of a promissory note.a. I and II only.b. II and III only.c. I and III only.d. III only.
A maker of a note will have a real defense against a holder in due course as a result of any of the following conditions excepta. Discharge in bankruptcy.b. Forgery.c. Fraud in the execution.d. Lack of consideration.H. Liability of Parties
Cobb gave Garson a signed check with the amount payable left blank. Garson was to fill in, as the amount, the price of fuel oil Garson was to deliver to Cobb at a later date. Garson estimated the amount at $700, but told Cobb it would be no more than $900.Garson did not deliver the fuel oil, but
A holder in due course will take free of which of the following defenses?a. Infancy, to the extent that it is a defense to a simple contract.b. Discharge of the maker in bankruptcy.c. A wrongful filling-in of the amount payable that was omitted from the instrument.d. Duress of a nature that renders
Under the Negotiable Instruments Article of the UCC, which of the following parties will be a holder but not be entitled to the rights of a holder in due course?a. A party who, knowing of a real defense to payment, received an instrument from a holder in due course.b. A party who found an
Goran wrote out a check to Ruz to pay for a television set he purchased at a flea market from Ruz. When Goran got home, he found out the box did not have the television set but some weights.Goran immediately gave his bank a stop payment order over the phone. He followed this up with a written stop
Northup made out a negotiable promissory note that was payable to the order of Port. This promissory note was meant to purchase some furniture that Port used to own, but he lied to Northup when he claimed he still owned it. Port immediately negotiated the note to Johnson who knew about Port’s
On February 15, 2009, P.D. Stone obtained the following instrument from Astor Co. for $1,000. Stone was aware that Helco, Inc. disputed liability under the instrument because of an alleged breach by Astor of the referenced computer purchase agreement. On March 1, 2009, Willard Bank obtained the
Under the Commercial Paper Article of the UCC, in a nonconsumer transaction, which of the following are real defenses available against a holder in due course? Material alteration Discharge of bankruptcy Breach of contract a. No Yes Yes b. Yes. Yes No c. No No Yes d. Yes No No
To the extent that a holder of a negotiable promissory note is a holder in due course, the holder takes the note free of which of the following defenses?a. Minority of the maker where it is a defense to enforcement of a contract.b. Forgery of the maker’s signature.c. Discharge of the maker in
Bond fraudulently induced Teal to make a note payable to Wilk, to whom Bond was indebted. Bond delivered the note to Wilk. Wilk negotiated the instrument to Monk, who purchased it with knowledge of the fraud and after it was overdue. If Wilk qualifies as a holder in due course, which of the
In order to be a holder in due course, the holder, among other requirements, must give value. Which of the following will satisfy this value requirement?I. An antecedent debt.II. A promise to perform services at a future date.a. I only.b. II only.c. Both I and II.d. Neither I nor II.G. Rights of a
Larson is claiming to be a holder in due course of two instruments. One is a draft that is drawn on Picket Company and says “Pay to Brunt.” The other is a check that says “Pay to Brunt.”Both are endorsed by Brunt on the back and made payable to Larson.Larson gave value for and acted in good
One of the requirements needed for a holder of a negotiable instrument to be a holder in due course is the value requirement.Ruper is a holder of a $1,000 check written out to her. Which of the following would not satisfy the value requirement?a. Ruper received the check from a tax client to pay
Under the Commercial Paper Article of the UCC, which of the following circumstances would prevent a person from becoming a holder in due course of an instrument?a. The person was notified that payment was refused.b. The person was notified that one of the prior endorsers was discharged.c. The note
On February 15, 2009, P.D. Stone obtained the following instrument from Astor Co. for $1,000. Stone was aware that Helco, Inc. disputed liability under the instrument because of an alleged breach by Astor of the referenced computer purchase agreement. On March 1, 2009, Willard Bank obtained the
You are examining some negotiable instruments for a client.Which of the following endorsements can be classified as a special restrictive endorsement?a. Pay to Alex Ericson if he completes the contracted work within ten days, (signed) Stephanie Sene.b. Pay to Alex Ericson without recourse (signed)
A note is made payable to the order of Ann Jackson on the front.On the back, Ann Jackson signs it in blank and delivers it to Jerry Lin. Lin puts “Pay to Jerry Lin” above Jackson’s endorsement.Which of the following statements is false concerning this note?a. After Lin wrote “Pay to Jerry
The following endorsements appear on the back of a negotiable promissory note payable to Lake Corp.Pay to John Smith only Frank Parker, President of Lake Corp.John Smith Pay to the order of Sharp, Inc. without recourse, but only if Sharp delivers computers purchased by Mary Harris by March 15,
Under the Commercial Paper Article of the UCC, which of the following requirements must be met for a transferee of order paper to become a holder?I. Possession II. Endorsement of transferora. I only.b. II only.c. Both I and II.d. Neither I nor II.
Wyden holds a check that is written out to him. The check has the amount in words as five hundred dollars. The amount in figures on this check states $200. Which of the following is correct?a. The check is cashable for $500.b. The check is cashable for $200.c. The check is not cashable because the
Under the Revised Article 3 of the Uniform Code, which of the following is true if the maker of a note provides that payment must come out of a designated fund?a. This is allowed even though the maker is not personally obligated to pay.b. Since the instrument is not based on the general credit of
While auditing your client, Corbin Company, you see a check that is postdated and states “Pay to Corbin Company.” You also see a note that is due in forty days and also says “Pay to Corbin Company.” You note that both instruments contain all of the elements of negotiability except for
A note has an interest rate that varies based on the stated rate of 2% above the prime rate as determined by XYZ Bank in New York City. Under the Revised Article 3 of the Uniform Commercial Code, which of the following is true?a. This interest rate provision destroys negotiability since it does not
Based on the following instrument:The instrument isa. Nonnegotiable even though it is payable on demand.b. Nonnegotiable because the numeric amount differs from the written amount.c. Negotiable even though a payment date is not specified.d. Negotiable because of Abner’s guaranty. May 19, 2009 I
Kline is holding a promissory note in which he is the payer and Breck is the promissor. One of the terms of the note states that payment is subject to the terms of the contract dated March 1 of the current year between Breck and Kline. Does this term destroy negotiability?a. No, if the contract is
An instrument reads as follows:Which of the following statements correctly describes the above instrument?a. The instrument is nonnegotiable because it is not payable at a definite time.b. The instrument is nonnegotiable because it is secured by the proceeds of the sale of the ring.c. The
A draft made in the United States calls for payment in Canadian dollars.a. The draft is nonnegotiable because it calls for payment in money of another country.b. The draft is nonnegotiable because the rate of exchange may fluctuate thus violating the sum certain rule.c. The instrument is negotiable
On February 15, 2009, P.D. Stone obtained the following instrument from Astor Co. for $1,000. Stone was aware that Helco, Inc. disputed liability under the instrument because of an alleged breach by Astor of the referenced computer purchase agreement. On March 1, 2009, Willard Bank obtained the
Under the Commercial Paper Article of the UCC, for a note to be negotiable it musta. Be payable to order or to bearer.b. Be signed by the payee.c. Contain references to all agreements between the parties.d. Contain necessary conditions of payment.
An instrument that is otherwise negotiable on its face states “Pay to Jenny Larson.” Which of the following statements is(are) correct?I. It is negotiable if it is a check.II. It is negotiable if it is a draft drawn on a corporation.III. It is negotiable if it is a promissory note.a. I only.b.
Under the Commercial Paper Article of the UCC, which of the following documents would be considered an order to pay?I. Draft II. Certificate of deposita. I only.b. II only.c. Both I and II.d. Neither I nor II.
Based on the following instrument:The instrument is aa. Promissory demand note.b. Sight draft.c. Check.d. Trade acceptance. May 19, 2009 I promise to pay to the order of A. B. Shark $1,000 (one thousand and one hundred dollars) with interest thereon at the rate of 12% per annum. T. T. Tile T. T.
Which of the following statements regarding negotiable instruments is not correct?a. A certificate of deposit is a type of note.b. A check is a type of draft.c. A promissory note is a type of draft.d. A certificate of deposit is issued by a bank.
The below instrument is aa. Draft.b. Postdated check.c. Trade acceptance.d. Promissory note. To: Middlesex National Bank Nassau, N.Y. Pay to the order of Robert Silver Four Thousand and xx/100 On October 1, 2009 September 15, 2009 $4,000.00 Dollars Lynn Dexter Lynn Dexter
Under the Negotiable Instruments Article of the UCC, an endorsement of an instrument “for deposit only” is an example of what type of endorsement?a. Blank.b. Qualified.c. Restrictive.d. Special.
Sklar, CPA, purchased from Wiz Corp. two computers. Sklar discovered material defects in the computers ten months after taking delivery. Three years after discovering the defects, Sklar commenced an action for breach of warranty against Wiz. Wiz has raised the statute of limitations as a defense.
Under the UCC Sales Article, a plaintiff who proves fraud in the formation of a contract maya. Elect to rescind the contract and need not return the consideration received from the other party.b. Be entitled to rescind the contract and sue for damages resulting from the fraud.c. Be entitled to
Rowe Corp. purchased goods from Stair Co. that were shipped COD. Under the Sales Article of the UCC, which of the following rights does Rowe have?a. The right to inspect the goods before paying.b. The right to possession of the goods before paying.c. The right to reject nonconforming goods.d. The
Under the Sales Article of the UCC, which of the following events will release the buyer from all its obligations under a sales contract?a. Destruction of the goods after risk of loss passed to the buyer.b. Impracticability of delivery under the terms of the contract.c. Anticipatory repudiation by
Larch Corp. manufactured and sold Oak a stove. The sale documents included a disclaimer of warranty for personal injury. The stove was defective. It exploded causing serious injuries to Oak’s spouse. Larch was notified one week after the explosion. Under the UCC Sales Article, which of the
Under the Sales Article of the UCC, which of the following rights is(are) available to the buyer when a seller commits an anticipatory breach of contract? a. Recover damages Yes Cancel the Collect punitive contract damages Yes Yes b Yes Yes No c. Yes No Yes No Yes Yes
Pickens agreed to sell Crocket 100 cases of napkins with the name of Crocket’s restaurant on the napkins. In the enforceable contract, it was specified that delivery will take place on April 15, 2010, which is one month after Pickens and Crocket signed the contract. Crocket wanted the napkins by
On February 15, Mazur Corp. contracted to sell 1,000 bushels of wheat to Good Bread, Inc. at $6.00 per bushel with delivery to be made on June 23.On June 1, Good advised Mazur that it would not accept or pay for the wheat. On June 2, Mazur sold the wheat to another customer at the market price of
Lazur Corp. entered into a contract with Baker Suppliers, Inc. to purchase a used word processor from Baker. Lazur is engaged in the business of selling new and used word processors to the general public. The contract required Baker to ship the goods to Lazur by common carrier pursuant to the
Under the Sales Article of the UCC, the remedies available to a seller when a buyer breaches a contract for the sale of goods may include The right to resell goods identified to the contract The right to stop a carrier from delivering the goodsa. Yes Yesb. Yes Noc. No Yesd. No No
Under the Sales Article of the UCC, which of the following rights is (are) available to a seller when a buyer materially breaches a sales contract?Right to cancel the contract Right to recover damagesa. Yes Yesb. Yes Noc. No Yesd. No No
Under the Sales Article of the UCC, and unless otherwise agreed to, the seller’s obligation to the buyer is toa. Deliver the goods to the buyer’s place of business.b. Hold conforming goods and give the buyer whatever notification is reasonably necessary to enable the buyer to take delivery.c.
Under the Sales Article of the UCC, which of the following statements regarding liquidated damages is(are) correct?I. The injured party may collect any amount of liquidated damages provided for in the contract.II. The liquidated damage provision cannot be excessive.a. I only.b. II only.c. Both I
Funston, a retailer, shipped goods worth $600 to a customer by using a common carrier. The contract used by the common carrier, and agreed to by Funston, limited liability to $100 unless a higher fee is paid. Funston did not pay the higher fee. The goods were shipped FOB destination point and were
Bond purchased a painting from Wool, who is not in the business of selling art. Wool tendered delivery of the painting after receiving payment in full from Bond. Bond informed Wool that Bond would be unable to take possession of the painting until later that day.Thieves stole the painting before
Under the Sales Article of the UCC, which of the following factors is most important in determining who bears the risk of loss in a sale of goods contract?a. The method of shipping the goods.b. The contract’s shipping terms.c. Title to the goods.d. How the goods were lost.
Cey Corp. entered into a contract to sell parts to Deck, Ltd. The contract provided that the goods would be shipped “FOB Cey’s warehouse.” Cey shipped parts different from those specified in the contract. Deck rejected the parts. A few hours after Deck informed Cey that the parts were
Under the Sales Article of UCC, which of the following events will result in the risk of loss passing from a merchant seller to a buyer?Tender of the goods at the seller’s place of business Use of the seller’s truck to deliver the goodsa. Yes Yesb. Yes Noc. No Yesd. No No
Which of the following statements applies to a sale on approval under the UCC Sales Article?a. Both the buyer and seller must be merchants.b. The buyer must be purchasing the goods for resale.c. Risk of loss for the goods passes to the buyer when the goods are accepted after the trial period.d.
Under the Sales Article of the UCC and the United Nations Convention for the International Sale of Goods (CISG), absent specific terms in an international sales shipment contract, when will risk of loss pass to the buyer?a. When the goods are delivered to the first carrier for transmission to the
On May 2, Lace Corp., an appliance wholesaler, offered to sell appliances worth $3,000 to Parco, Inc., a household appliances retailer. The offer was signed by Lace’s president, and provided that it would not be withdrawn before June 1.It also included the shipping terms: “FOB Parco’s
Under the Sales Article of the UCC, in an FOB place of shipment contract, the risk of loss passes to the buyer when the goodsa. Are identified to the contract.b. Are placed on the seller’s loading dock.c. Are delivered to the carrier.d. Reach the buyer’s loading dock.
Under the Sales Article of the UCC, unless a contract provides otherwise, before title to goods can pass from a seller to a buyer, the goods must bea. Tendered to the buyer.b. Identified to the contract.c. Accepted by the buyer.d. Paid for.
Yancie took her bike in to Pete’s Bike Sales and Repair to have it repaired. Pete said he would need to have her leave it for two days.The next day, one of Pete’s employees sold Yancie’s bike to Jake.Jake paid for the bike with a credit card, unaware that Pete did not own the bike. Which of
McGraw purchased an antique rocking chair from Tillis by check. The check was dishonored by the bank due to insufficient funds. In the meantime, McGraw sold the rocking chair to Rio who had no knowledge that McGraw’s check had been dishonored.Which of the following is correct?a. Tillis may
A common carrier bailee generally would avoid liability for loss of goods entrusted to its care if the goods area. Stolen by an unknown person.b. Negligently destroyed by an employee.c. Destroyed by the derailment of the train carrying them due to railroad employee negligence.d. Improperly packed
To establish a cause of action based on strict liability in tort for personal injuries that result from the use of a defective product, one of the elements the injured party must prove is that the sellera. Was aware of the defect in the product.b. Sold the product to the injured party.c. Failed to
High sues the manufacturer, wholesaler, and retailer for bodily injuries caused by a power saw High purchased. Which of the following statements is correct under strict liability theory?a. Contributory negligence on High’s part will always be a bar to recovery.b. The manufacturer will avoid
Cook Company, a common carrier trucking company, made a contract to transport some video equipment for Jackson Company.Cook is trying to limit its liability in the contract. In which of the following situations can Cook not avoid liability?I. In transit, the driver of Cook’s truck damages the
Under the UCC Sales Article, the implied warranty of merchantabilitya. May be disclaimed by a seller’s oral statement that mentions merchantability.b. Arises only in contracts involving a merchant seller and a merchant buyer.c. Is breached if the goods are not fit for all purposes for which the
Which of the following conditions must be met for an implied warranty of fitness for a particular purpose to arise in connection with a sale of goods?I. The warranty must be in writing.II. The seller must know that the buyer was relying on the seller in selecting the goods.a. I only.b. II only.c.
Under the UCC Sales Article, an action for breach of the implied warranty of merchantability by a party who sustains personal injuries may be successful against the seller of the product only whena. The seller is a merchant of the product involved.b. An action based on negligence can also be
On May 2, Handy Hardware sent Ram Industries a signed purchase order that stated, in part, as follows:Ship for May 8 delivery 300 Model A-X socket sets at current dealer price. Terms 2/10/net 30.Ram received Handy’s purchase order on May 4.On May 5, Ram discovered that it had only 200 Model A-X
Under the Sales Article of the UCC, which of the following statements is correct regarding the warranty of merchantability arising when there has been a sale of goods by a merchant seller?a. The warranty must be in writing.b. The warranty arises when the buyer relies on the seller’s skill in
Under the Sales Article of the UCC, most goods sold by merchants are covered by certain warranties. An example of an express warranty would be a warranty ofa. Usage of trade.b. Fitness for a particular purpose.c. Merchantability.d. Conformity of goods to sample.
Under the Sales Article of the UCC, the warranty of titlea. Provides that the seller cannot disclaim the warranty if the sale is made to a bona fide purchaser for value.b. Provides that the seller deliver the goods free from any lien of which the buyer lacked knowledge when the contract was made.c.
A sheep rancher agreed in writing to sell all the wool shorn during the shearing season to a weaver. The contract failed to establish the price and a minimum quantity of wool. After the shearing season, the rancher refused to deliver the wool. The weaver sued the rancher for breach of contract.
Patch, a frequent shopper at Soon-Shop Stores, received a rain check for an advertised sale item after Soon-Shop’s supply of the product ran out. The rain check was in writing and stated that the item would be offered to the customer at the advertised sale price for an unspecified period of time.
Webstar Corp. orally agreed to sell Northco, Inc. a computer for$20,000. Northco sent a signed purchase order to Webstar confirming the agreement. Webstar received the purchase order and did not respond. Webstar refused to deliver the computer to Northco, claiming that the purchase order did not
Under the UCC Sales Article, which of the following conditions will prevent the formation of an enforceable sale of goods contract?a. Open price.b. Open delivery.c. Open quantity.d. Open acceptance.
On May 2, Handy Hardware sent Ram Industries a signed purchase order that stated, in part, as follows:Ship for May 8 delivery 300 Model A-X socket sets at current dealer price. Terms 2/10/net 30.Ram received Handy’s purchase order on May 4.On May 5, Ram discovered that it had only 200 Model A-X
EG Door Co., a manufacturer of custom exterior doors, verbally contracted with Art Contractors to design and build a $2,000 custom door for a house that Art was restoring. After EG had completed substantial work on the door, Art advised EG that the house had been destroyed by fire and Art was
Cookie Co. offered to sell Distrib Markets 20,000 pounds of cookies at $1.00 per pound, subject to certain specified terms for delivery. Distrib replied in writing as follows:We accept your offer for 20,000 pounds of cookies at $1.00 per pound, weighing scale to have valid city certificate.Under
Which of the following contracts is handled under common law rules rather than under Article 2 of the Uniform Commercial Code?a. Oral contract to have hair styled in which expensive products will be used on the hair.b. Oral contract to purchase a textbook for $100.c. Written contract to purchase an
Under the Sales Article of the UCC, which of the following statements is correct?a. The obligations of the parties to the contract must be performed in good faith.b. Merchants and nonmerchants are treated alike.c. The contract must involve the sale of goods for a price of more than $500.d. None of
On May 2, Mason orally contracted with Acme Appliances to buy for $480 a washer and dryer for household use. Mason and the Acme salesperson agreed that delivery would be made on July 2.On May 5, Mason telephoned Acme and requested that the delivery date be moved to June 2.The Acme salesperson
Under the Sales Article of the UCC, a firm offer will be created only if thea. Offer states the time period during which it will remain open.b. Offer is made by a merchant in a signed writing.c. Offeree gives some form of consideration.d. Offeree is a merchant.
Under the Sales Article of the UCC, when a written offer has been made without specifying a means of acceptance but providing that the offer will only remain open for ten days, which of the following statements represent(s) a valid acceptance of the offer?I. An acceptance sent by regular mail the
Maco Corp. contracted to sell 1,500 bushels of potatoes to LBC Chips. The contract did not refer to any specific supply source for the potatoes. Maco intended to deliver potatoes grown on its farms. An insect infestation ruined Maco’s crop but not the crops of other growers in the area. Maco
Nagel and Fields entered into a contract in which Nagel was obligated to deliver certain goods to Fields by September 10.On September 3, Nagel told Fields that Nagel had no intention of delivering the goods required by the contract. Prior to September 10, Fields may successfully sue Nagel under the
Master Mfg., Inc. contracted with Accur Computer Repair Corp.to maintain Master’s computer system. Master’s manufacturing process depends on its computer system operating properly at all times. A liquidated damages clause in the contract provided that Accur pay $1,000 to Master for each day

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