Alaska Contracts and Commercial Law Flashcards
7 cards from real AK BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Alaska Contracts and Commercial Law flashcards as text
Under UCC § 2-207 (battle of the forms), additional terms in an acceptance between merchants become part of the contract unless:
Answer: The offer expressly limits acceptance to its own terms
Under UCC § 2-207, additional terms between merchants become part of the contract unless the offer expressly limits acceptance to its terms, the additions materially alter the contract, or timely objection is made.
The implied warranty of merchantability under UCC Article 2 requires that goods:
Answer: Be fit for the ordinary purposes for which such goods are used
The implied warranty of merchantability requires that goods sold by a merchant be fit for the ordinary purposes for which such goods are used; it arises automatically in sales by merchants.
Under UCC § 2-508, a seller's right to cure a defective delivery exists when:
Answer: The buyer has rejected the goods and the contract performance time has not yet expired
Under UCC § 2-508, a seller has the right to cure a non-conforming tender when the contract time has not yet expired and the seller seasonably notifies the buyer of intent to cure with a conforming delivery.
The 'perfect tender rule' under UCC Article 2 (§ 2-601) allows a buyer to reject goods if:
Answer: The goods or tender of delivery fail to conform in any respect
Under the perfect tender rule, a buyer may reject goods if they or the tender of delivery fails to conform to the contract in any respect, subject to the seller's right to cure and installment contract exceptions.
Which of the following is a valid defense to enforcement of an otherwise valid contract under Alaska law?
Answer: The contract is unconscionable
Unconscionability is a valid defense when a contract is so oppressively one-sided, formed under circumstances of unequal bargaining power, that enforcement would be fundamentally unjust.
Under the parol evidence rule, extrinsic evidence of prior or contemporaneous agreements is generally inadmissible to:
Answer: Contradict or vary the express terms of a fully integrated written agreement
The parol evidence rule bars extrinsic evidence of prior or contemporaneous agreements offered to contradict or vary the express terms of a fully integrated written contract.
In Alaska, which of the following transactions is governed by UCC Article 2?
Answer: A contract for the sale of 500 industrial widgets
UCC Article 2 governs contracts for the sale of goods, which are tangible movable items; it does not apply to real estate transactions, service contracts, or leases of real property.