Contracts - Discharge and Damages

Article 2 of the UCC applies to:

• Sales
• Leases
• Goods
• Real property

Promises by the seller of goods can create:

• express warranties
• implied warranties
• either of these
• neither of these

Descriptions of the goods that are made by the seller of goods can create:

• express warranties
• implied warranties
• either of these
• neither of these

In a sale of goods, whether there is an _____, depends on what a reasonable buyer would think is important.

• express warranty
• implied warranty
• either of these
• neither of these

In a sale of goods, "fitness for a particular purpose" is an _____.

• express warranty
• implied warranty
• either of these
• neither of these

In a sale of goods, which of these is required to create an express warranty:

• The seller uses the term "warranty"
• The seller uses the term "guaranty"
• The seller intends to create an express warranty
• All of these
• None of these

A seller of a good impliedly warrants that the good will:

• do anything that the buyer tries to use it for
• only do what the seller expressly warrants the good will do
• only do what the seller knows the buyer will use it for
• do what the seller has reason to know the buyer will use it for
• None of these - implied warranties don't apply to the sale of goods.

Which of these are true statements about compensatory damages:

• They are intended to punish parties for breaching a contract
• They are intended to deter other parties from breaching a contract
• They try to “make the plaintiff whole.”
• They try to “put the plaintiff in the position they would have been in if the defendant had performed their obligations under the contract.”
• They are also called direct damages because they are a direct result of the breach.

To recover damages, the plaintiff must show with reasonable certainty:

• The existence of damages
• The amount of damages
• Both of these
• Neither of these

Whether damages are foreseeable is a/an ______ question.

• Objective
• Subjective
• Both of these
• None of these