Next Generation Bar Exam Quiz
12 questions · no time limit
0:00
CONTRACTS
Question 1 of 12
No time limit
Current
Answered
Flagged
Not seen
PASSAGE
Section 3-218 of this jurisdiction's Commercial Code provides:
'A claim is discharged by accord and satisfaction when (i) the claim is unliquidated or subject to a bona fide dispute, (ii) the debtor tenders an instrument as full satisfaction of the claim, and (iii) the claimant obtains payment of the instrument. A claim is liquidated when its amount is fixed by the parties' agreement or is ascertainable by an objective standard. A debtor's unsupported assertion that the claim is disputed does not make a liquidated claim unliquidated; the dispute must be genuine and reasonable.'
Under a written contract, Builder agreed to pay Supplier $50,000 for delivered goods, 'net 30, no deductions except by written amendment.' All goods were delivered on the contract dates. Builder nevertheless sent Supplier a check for $45,000 marked 'payment in full; $5,000 offset for late deliveries.' Supplier cashed the check and later sued Builder for the remaining $5,000.
Will Supplier recover the $5,000?
YOUR PROGRESS
12
QUESTIONS
Ready when you are
Answer in any order. Your progress shows here as you go.
QUESTIONS
KEYBOARD
Pick an answer ABCD
Next question ↵→
Previous ←
Flag for review F
Answers save as you go · flagged questions come back at the end