Under the UCC parol evidence rule, oral evidence can be introduced in court to:

Question

Under the UCC parol evidence rule, oral evidence can be introduced in court to:

change the terms of a written contract.

change the terms of an oral agreement.

explain a course of dealing or usage of trade.

correct a unilateral mistake.

4 points   

QUESTION 6

A seller can “cure” a defective tender by:

allowing the buyer to sue for consequential damages

rejecting the shipment

tendering the conforming goods

covering in the market

4 points   

QUESTION 7

Your neighbor, Alma, sells cars for A-Plus Auto. If you agree to buy Alma’s home computer system for $200:

Alma is a merchant in this sale because she sells goods for a living.

you are considered a merchant because you are buying goods from a professional salesperson.

Alma is not a merchant in this sale because she does not ordinarily sell computers or have any special knowledge in this area.

you are considered a merchant because you are experienced in using computers.

4 points   

QUESTION 8

Sam’s Shoppe orders 100 cases of Brand Y DVDs from Harper’s Wholesalers for $10 per case. Harper’s delivers 50 cases and refuses to ship the rest. Sam can legally do all EXCEPT which of the following?

Accept the partial shipment and allow Harper’s additional time to cure the defect.

Reject the shipment because it is non-conforming.

Accept the partial shipment, cover the remaining 50 cases, and sue Harper’s for the difference in cost.

Accept the partial shipment, refuse to pay for the 50 cases that were delivered, and cancel the rest of the order.

4 points   

QUESTION 9

Your electric lawn mower contains several warnings about product use including a warning not to mow up or down a steep hillside. There is no warning about weather conditions, however, and you decide to cut your lawn during a lightening storm. If you are injured while mowing during this storm:

the manufacturer would be liable only if it is reasonably foreseeable that the mower would be used in a storm and injury would likely result from that use.

the manufacturer would be liable for a failure to warn about the danger of mowing in a storm.

the manufacturer would be liable only if the mower was sold in a defective condition.

the manufacturer would be liable for a design defect that allowed the mower to be used in a storm.

4 points   

QUESTION 10

You buy an electric-powered lawn mower from your local hardware store. It is not supposed to run unless you pull up on a handle and keep it depressed (as a safety feature) but you plug it in and it starts to run immediately without you holding the safety handle in place. If you are injured as a result of this defect, you can sue:

the manufacturer only

either the manufacturer or the local hardware store

the engineer who designed the on/off control only

the local hardware store only

change the terms of a written contract.

change the terms of an oral agreement.

explain a course of dealing or usage of trade.

correct a unilateral mistake.

Explanation / Answer

First question is answered below

1. Correct option: (b)

Reason: Oral evidence under UCC parol can only be used to prove an oral contract or agreement. It cannot be used in case the agreement is written.

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