Quiz 5 Complete Study Guide
Quiz 5 Complete Study Guide BSL485
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This 7 page Study Guide was uploaded by Zohar Peleg on Tuesday February 24, 2015. The Study Guide belongs to BSL485 at The American University of Rome taught by Dr. Segal in Spring2015. Since its upload, it has received 63 views. For similar materials see Preventative Law in Business Law at The American University of Rome.
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Date Created: 02/24/15
Quiz 5 Special UCC Rules UCC vs CISG UCC CISG Warranty yes no protection Applies to sale of Yes each type no goods Merchant Is someone whos Is anyone who has business involves the nature of the transaction a place of business Advertisements of Goods Are not offers Are offers Offer Revocation Offer can be Offer doesn t need revoked after to be in writing verbal acceptance is enforceable Maibox Rule Acceptance could Acceptance is be effective if satis ed effective when received the reasonable medium rule Trial sales Money back guarantee 0 Owner is paying for the goods Has 30 days to decide whether you wanna keep the good or not 0 2 types 0 no fault risk of loss event 0 sale of approval No fault risk of loss event 0 Good are damaged or lost while in your possession 0 Risk of loss buyer Sale of approval 0 GOOD Applies to sports equipment Send no money seller will ship equipment Buyer can return within 30 days and can get money back Risk of loss seller Is a condition precedent Void Title Rule 0 If someone buy from someone with void title that someone also has void title 0 Ex theif steals laptop and sells it to old lady Neither have title bc its stolen Voidable Title Rule 0 Owner of product voluntarily gives product to someone else Someone else tries to sell it to old lady Old lady has good title GFP o 2 requirements 0 pay fair value o acknowledge ownership merchant entrustment owner of good entrusts good to merchant for repair 0 Merchant now has voidable title He sells your good mistakenly Owner cannot get good back 0 Solution label good Shipping 0 Risk of loss 0 No fault in transit Shipment contract rule 0 Risk of loss will pass from seller to buyer as soon as the good are delivered to the buyer 0 Buyer has risk of loss Bill of Lading o Aka the contract itself 0 Law favors sellers Destination contract rule 0 Risk of loss doesn t pass to buyer until goods reach their destination 0 Seller has risk of loss Online transactions 0 Amazon is a shipment contract Duties of seller amp buyer 0 Seller 0 Has duty to ship conforming goods 0 Buyer 0 Accept the goods 0 Pay the buyer Party shippingrisk of loss disputes Perfect tender rule o If goods fail to conform exactly to the description in the K the buyer has the right to reject the goods Cure defects rule o If any portion of shipment is non conforming seller has absolute right to cure defects so long as the cure is done prior to K delivery date Anticipatorv thinking deliver products early 0 Buyer has duty to accept goods and inspect goods in reasonable time 0 0 Cover shortages rule 0 Applies to seasonal goods 0 Buyer ordered goods Supplier loses orderdoesn t ll it on time Buyer is short on goods Buyer has right to cover the shortage in order to preserve the market 0 A way for buyers of seasonal goods to protect themselves Product Liability 0 Sellers are responsible if goods are defective 3 types 0 negligence o strict liability o breach of warranty negngnce 4 types 0 negligent manufacture o negligent design 0 failure to warn of defects 0 failure to inspect defects defenses against negligence accusation o assumption of risk 0 product misuse strict liability o no fault liability 0 joint amp several liability 0 must prove 2 things 0 bought good from merchant 0 good was dangerously defective breach of warranty 0 seller warrants that goods are ok 0 3 types 0 merchantability 0 tness for special use 0 tness for human consumption tness for special use 0 seller doesn t have to be a merchant 0 seller knows of intended special use 0 relying on seller O 0 seller breaches buyer suffers damage tness for human consumption 0 O 0 if person is injured by a natural object seller will always win if person is injured by a foreign object seller will always lose exception 0 reasonable expectation rule where consumer didn t reasonably expect to encounter the object including seeing Cases 0 Prewitt v Funding 0 Items were sold on sale of approval 0 Items were returned stamps 0 Win Prewitt bc transaction was a quotsale on approvalquot 0 Dell vs NY Police 0 Thief sold stolen car to a GFB GFB then sold car to Dell 0 Win NY Police Dell had no title at all 0 Greater Louisville Autoauction vs Buick 0 Uncollectible checks 0 Win Buick bc of quotvoidable titlequot Morer v Decan company pg211 0 Contract did not specify risk of loss 0 Buyer never received goods 0 Pony Malta 0 Malta was a Cuban soda 0 Roofer drinks malta and pops the top open 0 Has a seizure and dies there was cocaine in the can 0 Win roofer bc of strict liability Daniel vs Ford Motor Company 0 Daniel decides to commit suicide using her Ford car 0 Locks herself in the Ford trunk 0 Win Ford bc of negligence by Daniel unforeseeable risk Scuba Diver 0 Expert diver dives for depth 0 Sues seller for defective watch 0 Win seller bc seller didn t know of diver s special use of the good 0 Roy Rogers Restaurant 0 Lady orders chicken patty 0 Claims she bit into worm 0 win lady bc of reasonable expectation rule
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