A. Distinguish between a rejection of goods and a revocation of acceptance of goods
b. What is the effect of a rejection? What is the effect of a revocation of acceptance?
c. Does the buyer have any obligations to the seller once she has rejected the goods?
a. Rejection is a buyer's manifestation of an unwillingness to accept the goods and to become their owner. Revocation of acceptance is the rescission of one's acceptance of goods based upon the nonconformity of the goods, which substantially impairs their value. The goods are never accepted when they are rejected. Rejection may be rightful or wrongful. If it is wrongful, it is a breach of the contract.
b. If the rejection is wrongful, it is a breach of the contract. However, the buyer's rejection of nonconforming goods is right under the perfect tender rule. The buyer must notify the seller of the rejection within a reasonable time after tender or delivery. After the buyer rejects goods, the Code allows the buyer to exercise no ownership of them. The buyer must hold them with reasonable care for a time sufficient to allow the seller to remove them. The buyer who is not a merchant is under no further obligation with regard to goods rightfully rejected. Upon revocation of acceptance, the buyer is in the same position with respect to the goods and has the same rights and duties with regard to them as if he had rejected them.
c. A nonmerchant buyer has no obligation to the seller other than notification to him of the rejection and holding the goods with reasonable care for a time sufficient to permit the seller to remove them. However, a merchant buyer who has rightfully rejected the goods is obligated to follow reasonable instructions from the seller with respect to the disposition of the goods in her possession or control, when the seller has no agent or business at the place of rejection. If the merchant buyer receives no instructions from the seller within a reasonable time after notice of the rejection, and the rejected goods are perishable or threaten to decline in value speedily, she is obligated to make reasonable efforts to sell them for the seller's account.
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Which of the following scenarios does NOT demonstrate an emotional intelligence skill?
A. Bill's sales manager Gus has not been performing at his usual best. Bill arranges a private meeting with Gus to ask Gus how he is doing and to find out if anything is wrong in Gus's personal life. B. Donella had a difficult time getting to work this morning, and when presented with a frustrating situation with her assistant, took a deep breath and separated her difficult morning from the situation at hand. C. Ahmed is focused on the sales manager's attitude at work and spends his evenings thinking about how he can change the manager's outlook. D. Brian knows that he has exceptional skills with numbers, but could use improvement in his communication skills. E. Kyoshi had a terrible drive in to work. There was construction on the road and the lanes were reduced. This made him late for a very important meeting. After parking, he listened to one more song on the radio and refocused.
Caleb is a witness in a controversy involving the U.S. Drug Enforcement Administration. Caleb can be compelled to appear before an administrative law judge if he is served with
A. an order for specific performance. B. a rule for parol evidence. C. a subpoena. D. a politely worded request.
Under most state statutes, a corporation may
A. include in its charter a provision indemnifying directors unless they have engaged in intentional misconduct or bad faith. B. include in its charter a provision indemnifying directors under any circumstances in the conduct of their duties for the corporation. C. not include in its charter a provision indemnifying directors who engage in negligent conduct of their duties. D. not include in its charter any provisions regarding indemnification of directors.
Roca, Inc., manufactures and sells two products: Product M6 and Product X7. The company has an activity-based costing system with the following activity cost pools, activity measures, and expected activity: EstimatedExpected ActivityActivity Cost PoolsActivity MeasuresOverhead CostProduct M6Product X7TotalLabor-relatedDLHs$152,1003,0004,8007,800Production ordersorders 63,035400300700Order sizeMHs 505,4523,7003,6007,300 $720,587 The total overhead applied to Product X7 under activity-based costing is closest to: (Round your intermediate calculations to 2 decimal places.)
A. $360,294 B. $443,424 C. $249,264 D. $369,879