Question 1

International sales contracts concerning consumer goods sold for personal use come under CISG.

Accepted Answer

A) True 
 B)False

Question 2

In what ways do both U.S.law and the CISG contemplate circumstances beyond a party's control? How are these similar and different from each other?

Accepted Answer

Both U.S. law and the CISG (United Natio...

Question 3

Scenario
An attempt by an American consumer to sue a Chinese manufacturer for product defects which resulted in his personal injury.

Accepted Answer

Utilizing the CISG,the Chinese seller ma...

Question 4

If a U.S.buyer wants to avoid a sales contract with an Italian seller,the CISG states that the U.S.buyer:

Accepted Answer

A)   Can avoid the contract only if there has been a fundamental breach by the Italian seller.
B)   Cannot avoid the sales contract under any circumstances.
C)   Can avoid the contract even for minor breaches by the Italian seller.
D)   Can avoid if done anytime within 30 days after the goods arrive.E) A) and C)
F) A) and D) A

Question 5

The primary body of law in the U.S.dealing with domestic sales contracts is:

Accepted Answer

A)   Uniform Commercial Code (UC
C)  
B)   Convention on the International Sales of Goods (CISG) 
C)   Uniform Domestic Sales (UDS) 
D)   Convention on Domestic Contracts (CD
C)  .E) A) and B)
F) A) and D)

Question 6

The CISG is inflexible as to making sure that goods are delivered on a specified date.

Accepted Answer

A) True 
 B)False

Question 7

International Sales Law:
I. Is not uniform because of vast political, cultural, and historical differences.
II. Is embodied in the Convention on the International Sale of Goods.
Which of the following is correct?

Accepted Answer

A)   Both I and II.
B)   Neither I nor II.
C)   I only.
D)   II only.E) B) and C)
F) A) and C)

Question 8

Money damages for breach of a sales contract may also include an amount for lost profits arising as a reasonably foreseeable consequence of the breach.

Accepted Answer

A) True 
 B)False  True

Question 9

In the event that a buyer receives a shipment of seriously defective goods,under the CISG:

Accepted Answer

A)   The buyer may accept the goods and reduce the amount paid to the seller accordingly.
B)   The buyer must notify the seller of the defects within a reasonable time.
C)   The seller may cure the defect up until the time for performance has expired.
D)   The seller may request additional time to perform even though he will be late in so doing.
E)   All of the above.F) B) and C)
G) None of the above

Question 10

Scenario
An attempt by an American buyer to introduce evidence of preliminary negotiations in order to interpret a written contract in a breach of contract case against an Italian seller.

Accepted Answer

Utilizing the CISG,the American buyer ma...

Question 11

A states to B,"Within the next month,I will be placing an order for 100 Model A computers,so please give me your best price." B replies,"I will sell you this model computer for $500 each." A enters into a contract to sell the computers to C for a profit.Three weeks later,B refuses to sell the computers to A.Under the CISG:

Accepted Answer

A)   B will win because the contract was not in writing.
B)   B will win because of the mirror image rule.
C)   A will win because B's reply was a firm offer.
D)   A will win because B had accepted unconditionally.E) None of the above
F) All of the above

Question 12

The name of the clause put into international sales contracts to limit the liability of the parties in the event of an intervening and disruptive force beyond a party's control makes performance more difficult than expected is:

Accepted Answer

A)   Good excuse clause.
B)   Out of control clause.
C)   Force Majeure clause.
D)   Excuse moi clause.E) None of the above
F) C) and D)

Question 13

Write a contract (between a U.S.buyer and a German seller)that includes some provision of German law.

Accepted Answer

Sure, here is a sample provision that includes German law in a contract between a U.S. buyer and a German seller:

"Any disputes arising out of or in connection with this contract shall be governed by and construed in accordance with the laws of Germany. The parties agree to submit to the exclusive jurisdiction of the German courts to resolve any such disputes. This provision shall not affect the rights of either party to seek injunctive relief or other equitable remedies in any court of competent jurisdiction."

Question 14

To use the concept of impossibility of performance as an excuse for nonperformance of a contract requires that the performance be objectively impossible.

Accepted Answer

A) True 
 B)False

Question 15

Identify at least 10 similarities between the CISG and the UCC and/or U.S.common law.

Accepted Answer

1. Both the CISG and the UCC are legal f...

Question 16

Identify at least 10 dissimilarities between the CISG and the UCC and/or U.S.common law.

Accepted Answer

1. Scope of application: The CISG applie...

Question 17

Consider the benefits and detriments of a U.S.buyer and a German seller using CISG law for a sales contract.

Accepted Answer

The use of the United Nations Convention...

Question 18

The CISG requires that an acceptance materially altering the terms of the offer be approved by the original offering party.

Accepted Answer

A) True 
 B)False

Question 19

Specific performance is an equitable remedy requiring a party to specifically pay a certain sum of money.

Accepted Answer

A) True 
 B)False

Question 20

Eastern Airlines contracted with Gulf Oil for a supply of jet fuel.An oil embargo resulted in a 400 percent increase in the price of oil.Gulf demanded a price increase from Eastern.Eastern sued to ensure its supply of oil at the contract price.The result in court was:

Accepted Answer

A)   That Eastern won because Gulf should have foreseen this situation.
B)   Gulf won due to commercial impracticability.
C)   That Eastern lost because a 400 percent increase is too much of a hardship for Gulf.
D)   None of the above would be the court's decision in this situation.E) All of the above
F) B) and D)

Exam 4: Sales Contracts and Excuses for Nonperformance

International sales contracts concerning consumer goods sold for personal use come under CISG.

Correct Answer
verified

In what ways do both U.S.law and the CISG contemplate circumstances beyond a party's control? How are these similar and different from each other?

Correct Answer
Answered by ExamLex AI
Both U.S. law and the CISG (United Natio...
View Answer

Scenario An attempt by an American consumer to sue a Chinese manufacturer for product defects which resulted in his personal injury.

Correct Answer
verified
Utilizing the CISG,the Chinese seller ma...
View Answer

If a U.S.buyer wants to avoid a sales contract with an Italian seller,the CISG states that the U.S.buyer:

Correct Answer
verified
A

The primary body of law in the U.S.dealing with domestic sales contracts is:

Correct Answer
verified

The CISG is inflexible as to making sure that goods are delivered on a specified date.

Correct Answer
verified

International Sales Law: I. Is not uniform because of vast political, cultural, and historical differences. II. Is embodied in the Convention on the International Sale of Goods. Which of the following is correct?

Correct Answer
verified

Money damages for breach of a sales contract may also include an amount for lost profits arising as a reasonably foreseeable consequence of the breach.

Correct Answer
verified
True

In the event that a buyer receives a shipment of seriously defective goods,under the CISG:

Correct Answer
verified

Scenario An attempt by an American buyer to introduce evidence of preliminary negotiations in order to interpret a written contract in a breach of contract case against an Italian seller.

Correct Answer
verified
Utilizing the CISG,the American buyer ma...
View Answer

Correct Answer
verified

The name of the clause put into international sales contracts to limit the liability of the parties in the event of an intervening and disruptive force beyond a party's control makes performance more difficult than expected is:

Correct Answer
verified

Write a contract (between a U.S.buyer and a German seller)that includes some provision of German law.

To use the concept of impossibility of performance as an excuse for nonperformance of a contract requires that the performance be objectively impossible.

Correct Answer
verified

Identify at least 10 similarities between the CISG and the UCC and/or U.S.common law.

Correct Answer
Answered by ExamLex AI
1. Both the CISG and the UCC are legal f...
View Answer

Identify at least 10 dissimilarities between the CISG and the UCC and/or U.S.common law.

Correct Answer
Answered by ExamLex AI
1. Scope of application: The CISG applie...
View Answer

Consider the benefits and detriments of a U.S.buyer and a German seller using CISG law for a sales contract.

Correct Answer
Answered by ExamLex AI
The use of the United Nations Convention...
View Answer

The CISG requires that an acceptance materially altering the terms of the offer be approved by the original offering party.

Correct Answer
verified

Specific performance is an equitable remedy requiring a party to specifically pay a certain sum of money.

Correct Answer
verified

Eastern Airlines contracted with Gulf Oil for a supply of jet fuel.An oil embargo resulted in a 400 percent increase in the price of oil.Gulf demanded a price increase from Eastern.Eastern sued to ensure its supply of oil at the contract price.The result in court was:

Correct Answer
verified

Exam 4: Sales Contracts and Excuses for Nonperformance

International sales contracts concerning consumer goods sold for personal use come under CISG.

Correct AnswerverifiedShow Answer

In what ways do both U.S.law and the CISG contemplate circumstances beyond a party's control? How are these similar and different from each other?

Correct AnswerAnswered by ExamLex AIBoth U.S. law and the CISG (United Natio...View AnswerShow Answer

Scenario An attempt by an American consumer to sue a Chinese manufacturer for product defects which resulted in his personal injury.

Correct AnswerverifiedUtilizing the CISG,the Chinese seller ma...View AnswerShow Answer

If a U.S.buyer wants to avoid a sales contract with an Italian seller,the CISG states that the U.S.buyer:

Correct AnswerverifiedA

The primary body of law in the U.S.dealing with domestic sales contracts is:

Correct AnswerverifiedShow Answer

The CISG is inflexible as to making sure that goods are delivered on a specified date.

Correct AnswerverifiedShow Answer

International Sales Law: I. Is not uniform because of vast political, cultural, and historical differences. II. Is embodied in the Convention on the International Sale of Goods. Which of the following is correct?

Correct AnswerverifiedShow Answer

Money damages for breach of a sales contract may also include an amount for lost profits arising as a reasonably foreseeable consequence of the breach.

Correct AnswerverifiedTrue

In the event that a buyer receives a shipment of seriously defective goods,under the CISG:

Correct AnswerverifiedShow Answer

Scenario An attempt by an American buyer to introduce evidence of preliminary negotiations in order to interpret a written contract in a breach of contract case against an Italian seller.

Correct AnswerverifiedUtilizing the CISG,the American buyer ma...View AnswerShow Answer

Correct AnswerverifiedShow Answer

The name of the clause put into international sales contracts to limit the liability of the parties in the event of an intervening and disruptive force beyond a party's control makes performance more difficult than expected is:

Correct AnswerverifiedShow Answer

Write a contract (between a U.S.buyer and a German seller)that includes some provision of German law.

To use the concept of impossibility of performance as an excuse for nonperformance of a contract requires that the performance be objectively impossible.

Correct AnswerverifiedShow Answer

Identify at least 10 similarities between the CISG and the UCC and/or U.S.common law.

Correct AnswerAnswered by ExamLex AI1. Both the CISG and the UCC are legal f...View AnswerShow Answer

Identify at least 10 dissimilarities between the CISG and the UCC and/or U.S.common law.

Correct AnswerAnswered by ExamLex AI1. Scope of application: The CISG applie...View AnswerShow Answer

Consider the benefits and detriments of a U.S.buyer and a German seller using CISG law for a sales contract.

Correct AnswerAnswered by ExamLex AIThe use of the United Nations Convention...View AnswerShow Answer

The CISG requires that an acceptance materially altering the terms of the offer be approved by the original offering party.

Correct AnswerverifiedShow Answer

Specific performance is an equitable remedy requiring a party to specifically pay a certain sum of money.

Correct AnswerverifiedShow Answer

Eastern Airlines contracted with Gulf Oil for a supply of jet fuel.An oil embargo resulted in a 400 percent increase in the price of oil.Gulf demanded a price increase from Eastern.Eastern sued to ensure its supply of oil at the contract price.The result in court was:

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
Answered by ExamLex AI
Both U.S. law and the CISG (United Natio...
View Answer

Correct Answer
verified
Utilizing the CISG,the Chinese seller ma...
View Answer

Correct Answer
verified
A

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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True

Correct Answer
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Correct Answer
verified
Utilizing the CISG,the American buyer ma...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
Answered by ExamLex AI
1. Both the CISG and the UCC are legal f...
View Answer

Correct Answer
Answered by ExamLex AI
1. Scope of application: The CISG applie...
View Answer

Correct Answer
Answered by ExamLex AI
The use of the United Nations Convention...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
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