COMMERCIAL LAW (UCC ARTICLE 2) MULTIPLE CHOICE QUESTION

1. During a phone conversationon May the first, Andy, a retired person, saidto Diane, "I'll sellyoumy Mercedesfor $30,000cash.I will holdthisoffer open through May 14^th." On May 12, Andy called Diane and told her he had sold the car to Cathy.

Andytrulyhad notsold thecarto anyone.On May 14,Diane learned thatAndy stillownedthecarandcalledAndytomakearrangements topickitup.Andysaid "forget it.Iwill notsell it to you."Diane protested,butmadeno further attempt tobuyitfromAndy,butfiledsuitinstead.In anaction byDianeagainstAndy for breach of contract, Dianewill probably:

A. Notsucceed,becauseDianehadnottenderedthemoneybeforeMay14^th

B.Succeed becauseAndyhadassured hertheofferwould remain open through the 14^th

C.SucceedbecauseAndy hadnotinfactsold thecartoCathy.

D.Notsucceed, becauseonMay 12,Andy had told Dianehehadsold thecar to Cathy.