Question $1($Mandatory$)(0\mathrm{.}8$ points$)$

Dan, a computer programmer, holds a garage sale to sell a lawnmower, some clothes, some CDs and some old clothes. Will, a lawyer, sells Thelma his collection of seashells. Philip, a CEO of a successful company, sells George his pet parakeet. Judy, an expert horse trainer, sells Bob a horse. Which person would be considered a merchant under the UCC?

Question $1$ options:

a$)$

Judy

b$)$

Dan

c$)$

Philip

d$)$

Will

Question $2($Mandatory$)(0\mathrm{.}8$ points$)$

Orange Manufacturing Corporation $($OMC$)$ orders twelve job$-$training and on$-$the$-$job safety DVDs from Plum Productions, Inc., which delivers the disks to OMC's plant. This is most likely

Question $2$ options:

a$)$

a gift.

b$)$

a service contract.

c$)$

a sale of goods.

d$)$

a lease of goods.

Question $3($Mandatory$)(0\mathrm{.}8$ points$)$

Jamie is redoing his kitchen and decides he needs a floor sander to complete the job. Jamie tells Rachel, his neighbor, that he needs a floor sander. Rachel tells Jamie to call Home Repair Rentals, Inc. Home Repair Rentals leases Jamie a floor sander. In this transaction the lessor is

Question $3$ options:

a$)$

Jamie.

b$)$

both Jamie and Rachel.

c$)$

Home Repair Rentals.

d$)$

Rachel.

Question $4($Mandatory$)(0\mathrm{.}8$ points$)$

Roy's Chick'n Shack orders chicken from Standard Food Supplier, but Standard does not deliver. Roy's will probably be unable to enforce the agreement if the parties

Question $4$ options:

a$)$

did not specify a payment term.

b$)$

have not begun to perform.

c$)$

did not limit the duration of the deal.

d$)$

did not specify a quantity term.

Question $5($Mandatory$)(0\mathrm{.}8$ points$)$

FlavorBean Coffee Company agrees to buy an unspecified quantity of coffee beans from Global AgriCorp. Global breaches the contract. In FlavorBean's suit to obtain relief, the court will most likely

Question $5$ options:

a$)$

award a reasonable quantity of beans to FlavorBean.

b$)$

award FlavorBean all the beans that it requires.

c$)$

have no basis for determining a remedy.

d$)$

award Global's output of coffee beans to FlavorBean.

Question $6($Mandatory$)(0\mathrm{.}8$ points$)$

Peter, an agent for Zippy Cars, Inc., writes a letter to Cassandra on March $1$ stating that he will sell her a $2011$ Suburu Outback for $$20,000$ between March $1$ and April $30.$ Peter's letter to Cassandra is

Question $6$ options:

a$)$

an acceptance.

b$)$

a firm offer.

c$)$

a bilateral contract.

d$)$

a breach.

Question $7($Mandatory$)(0\mathrm{.}8$ points$)$

Community Construction Corporation offers to buy from Solid Cement Company a certain quantity of cement for a certain price. Solid can accept the offer by

Question $7$ options:

a$)$

promising to ship the cement only.

b$)$

promising to ship or promptly shipping the cement.

c$)$

doing nothing.

d$)$

promptly shipping the cement only.

Question $8($Mandatory$)(0\mathrm{.}8$ points$)$

Nature's Products, Inc., sends its standard order form to Interbusiness Distribution Corporation $($IDC$)$ to evidence a sale of packing materials. IDC responds with its own standard purchase order form. Additional terms in the purchase order automatically become part of the contract unless

Question $8$ options:

a$)$

the terms materially alter the original contract.

b$)$

the offeror objects to the new terms within a reasonable time.

c$)$

any of the choices.

d$)$

the original offer expressly required acceptance of its terms.

Question $9($Mandatory$)(0\mathrm{.}8$ points$)$

Trend$-$Rite Clothiers, Inc., sells t$-$shirts to Brand Name Stores, Inc., under an existing contract. When textile costs increase, Brand agrees to a price increase, but later wants to cancel the contract. Brand may

Question $9$ options:

a$)$

not cancel the contract.

b$)$

cancel the contract immediately.

c$)$

cancel the contract only after accepting a final shipment.

d$)$

cancel the contract only on reasonable notice.

Question $10($Mandatory$)(0\mathrm{.}8$ points$)$

Gail enters into a contract with Hi$-$Price Appliances, Inc. In a suit between the parties over payment under the contract, Gail claims that a certain clause is unconscionable. If the court agrees, it may

Question $10$ options:

a$)$

limit the application of the disputed clause only.

b$)$

refuse to enforce the entire contract only.

c$)$

enforce, limit$,$ or refuse to enforce the contract or the disputed clause.

d$)$

enforce the contract without the disputed clause only.

Question $11($Mandatory$)(0\mathrm{.}8$ points$)$

The payment of Frida's debt to Gianini is guaranteed by Frida's personal property. Gianini is

Question $11$ options:

a$)$

a debtor.

b$)$

a security interest.

c$)$

a secured party.

d$)$

a secured transaction.

Question $12($Mandatory$)(0\mathrm{.}8$ points$)$

The payment of Eden's debt to Flem is guaranteed by Eden's personal property. This property is

Question $12$ options:

a$)$

a security interest.

b$)$

a secured transaction.

c$)$

collate