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What does the term "FOB" when used as a shipping term represent?


A) Fee on Board
B) Fee on Basis
C) Freedom of Board
D) Free on Board
E) Free of Basis

F) None of the above
G) C) and D)

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D

"Accidental Sale." Robby entrusted his automobile to ABC Motors for repair. The manager of ABC Motors, who did a very poor job with inventory, accidentally sold the car to Connie. Connie, who paid cash for the car, had no idea that the car did not belong to ABC Motors and paid fair market value for it. When Robby went to pick up the car, he was very upset that it was gone. The manager of ABC Motors told him that he was very sorry, but that his only recourse would be against Connie. -Which of the following is true regarding the manager's statement that Robby's only recourse is against Connie?


A) The manager is correct.
B) The manager is incorrect only if Robby has a writing signed by a representative of the repair shop guaranteeing the safety of the car.
C) The manager is correct only if Connie can be found.
D) The manager is correct only if Connie's deal was for less than 10% of the fair market value of the car.
E) The manager is incorrect, and Robby can sue ABC Motors.

F) A) and B)
G) D) and E)

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What do the words "deliver to the order of seller" indicate in a goods-in-bailment contract?


A) A negotiable document
B) A nonnegotiable document
C) A shipment contract
D) An origin contract
E) An execution contract

F) A) and B)
G) B) and E)

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Which of the following is true regarding the status of a common carrier in relation to the seller?


A) The common carrier is an agent of the seller.
B) The common carrier is an employee of the seller.
C) The common carrier is both an employee and an agent of the seller.
D) The common carrier is a true carrier of the seller.
E) The common carrier is an independent contractor.

F) C) and D)
G) B) and E)

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E

What does the term CIF when used as a shipping term represent?


A) Cost, insurance, and freight
B) Collateral, insurance, and freight
C) Commerce, insurance, and freight
D) Cost, indemnity, and freight
E) Cost, insurance, and flight

F) C) and D)
G) None of the above

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A

In a conditional sales contract, a contract is a ______ when the seller and buyer agree that the buyer may return the goods at a later time.


A) Sale-on-approval contract
B) Sale-or-return contract
C) Condition-or-sale contract
D) Return-or-purchase
E) Return-or-sale

F) A) and B)
G) All of the above

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In a conditional sales contract, a contract is a ______ if the seller allows the buyer to take possession of the goods before deciding whether to complete the contract by making the purchase.


A) Sale-on-approval contract
B) Sale-or-return contract
C) Condition-or-sale contract
D) Return-or-purchase
E) Return-or-sale

F) C) and D)
G) A) and E)

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Set forth the five situations under which a buyer gets only voidable title in a sale.

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A buyer gets only voidable title if (1) ...

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"Used Car Problems." Marcy purchased a used car from ABC Motors. Six months later the police seized the car from Marcy on the basis that it was a stolen vehicle. Marcy asked for her money back from ABC Motors. The manager there told her that the car was not stolen, but that even if it were, ABC Motors acted in good faith with no knowledge of a theft; and that, therefore, Marcy, as a good-faith purchaser, had a good title. ABC Motors had also sold a used car to Frank who wrote a bad check for the car and left town, but not before selling the car to Betty. Betty purchased the car with no knowledge of any problem with the check. ABC Motors asked Betty to return the car, but she refused. She explained that she had given the car to her son, Billy. -What kind of title did Billy have?


A) Good
B) Void
C) Voidable
D) Absolute
E) Illegal

F) None of the above
G) A) and B)

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"Wrecked Furniture." Ralph buys new furniture for his living room from Good Times Furniture. It is agreed that the goods will be placed with a common carrier for delivery. The contract between Ralph and Good Times is ambiguous regarding whether the seller had the duty to deliver the goods only to the common carrier's hands or whether the seller had the duty to deliver the goods to Ralph's home. Unfortunately, on the way to Ralph's home, through no fault of the delivery driver, the delivery truck was involved in a collision, and the furniture was significantly damaged. -Which of the following is true regarding the risk of loss at the time the goods were damaged?


A) The risk of loss was with the furniture store.
B) The risk of loss was with Ralph.
C) The risk of loss was split 50-50 between Ralph and the furniture store.
D) The risk of loss was with Ralph only if the driver is determined to be an agent of the furniture store.
E) The risk of loss was with the furniture store only if the driver is determined to be an agent of the furniture store.

F) A) and C)
G) C) and D)

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Which of the following was the result in the case in the book involving Tempur-Pedic, the manufacturer of mattresses, when Tempur-Pedic sought to stop the sale of mattresses that Tempur-Pedic has donated to a charity for victims of Hurricane Katrina and attempted to recover mattresses sold by the charity involved?


A) That the charity had void title under the UCC and could not transfer good title, and that Tempur-Pedic could recover all the mattresses both from the charity and from third-party purchasers.
B) That the UCC did not apply because a charity was involved and that Tempur-Pedic was entitled to a temporary restraining order pending trial because of the likelihood that it would prevail based on fraudulent transactions.
C) That under the UCC, Tempur-Pedic was entitled to a temporary restraining order because of the likelihood that it could show at trial that mattresses were not sold to a good-faith purchaser.
D) That under the UCC, Tempur-Pedic would lose because the mattresses were sold to a good-faith purchaser for value.
E) That the UCC did not apply because a charity was involved and that Tempur-Pedic would lose because movable goods were involved.

F) C) and E)
G) A) and D)

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"Wrecked Furniture." Ralph buys new furniture for his living room from Good Times Furniture. It is agreed that the goods will be placed with a common carrier for delivery. The contract between Ralph and Good Times is ambiguous regarding whether the seller had the duty to deliver the goods only to the common carrier's hands or whether the seller had the duty to deliver the goods to Ralph's home. Unfortunately, on the way to Ralph's home, through no fault of the delivery driver, the delivery truck was involved in a collision, and the furniture was significantly damaged. -What type of contract is presumed based upon the fact that the contract was ambiguous regarding whether the seller had the duty to deliver the goods only to the common carrier's hands or whether the seller had the duty to deliver the goods to Ralph's home?


A) Transit
B) Location
C) Destination
D) Origin
E) Voidable

F) C) and D)
G) A) and E)

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In a destination contract who bears the risk of loss while the goods are in transit?


A) The seller
B) The buyer
C) The loss is proportioned 50% to the buyer and 50% to the seller
D) The loss is proportioned 75% to the buyer and 25% to the seller
E) The loss is proportioned 25% to the buyer and 75% to the seller

F) None of the above
G) C) and D)

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Good faith is generally relevant in determining whether someone with a void title can pass a good title.

A) True
B) False

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"Accidental Sale." Robby entrusted his automobile to ABC Motors for repair. The manager of ABC Motors, who did a very poor job with inventory, accidentally sold the car to Connie. Connie, who paid cash for the car, had no idea that the car did not belong to ABC Motors and paid fair market value for it. When Robby went to pick up the car, he was very upset that it was gone. The manager of ABC Motors told him that he was very sorry, but that his only recourse would be against Connie. -Which of the following is a proper identifying term for Connie?


A) A good-faith purchaser
B) A valid purchaser
C) A void purchaser
D) A voidable purchaser
E) An interested purchaser for value

F) A) and D)
G) D) and E)

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"Accidental Sale." Robby entrusted his automobile to ABC Motors for repair. The manager of ABC Motors, who did a very poor job with inventory, accidentally sold the car to Connie. Connie, who paid cash for the car, had no idea that the car did not belong to ABC Motors and paid fair market value for it. When Robby went to pick up the car, he was very upset that it was gone. The manager of ABC Motors told him that he was very sorry, but that his only recourse would be against Connie. -Which of the following is true regarding Connie's rights to the car?


A) Connie can keep the car only if the repair shop voluntarily agrees to pay Robby the fair market value of the car.
B) Connie can keep the car without paying anyone anything only if the repair shop is bankrupt or insolvent.
C) Connie can keep the car without paying anyone anything extra.
D) Connie must give the car to Robby.
E) Connie must return the car to the repair shop.

F) All of the above
G) A) and B)

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An insurable interest is the right to insure the goods against any risk exposure such as damage or destruction.

A) True
B) False

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Which of the following is title that is acquired from someone who already owns the goods free and clear?


A) True title
B) Voidable title
C) Good title
D) Examined title
E) Substantiated title

F) B) and C)
G) B) and D)

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With goods in bailment, when is an insurable interest created?


A) Only when either party has title to the goods
B) When either party has title or a risk of loss, but not under any other circumstances
C) When either party has title, risk of loss, or other economic interest attached to the goods
D) Two days after either party has title to the goods
E) Never - there is no such thing as an insurable interest in a goods-in-bailment contract

F) B) and D)
G) A) and B)

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Which of the following occurs when purchased goods are in some kind of storage under the control of a third party, such as a warehouseman?


A) A goods-in-bailment contract
B) A simple delivery contract
C) An average delivery contract
D) A conditional sales contract
E) A goods-in-transfer contract

F) A) and B)
G) None of the above

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