Unit Four

The term added by Bailey in accepting the offer would be BLANK term to the contract

A Conflicting

Because Strike did not object, the only argument that he has to use Dependable Truck Lines is that the change in the contract is BLANK change

A Material

Bailey's acceptance of the offer was made in BLANK manner, indicating that it BLANK a valid acceptance

A Reasonable Is

Gabby, who is planning to move, offers to sell her sofa to her friend Trent for $750. Trent says, "I'll take it, and I would like you to throw in the coffee table along with it." Under the UCC, Gabby and Trent have

A contract for the sofa only

Collins offers to sell to Phillip an hand-carved chest of drawers worth more than $2,500. Phillip agrees to buy the chest and signs a contract for the purchase. The price of the chest, however, is left out of the contract. Collins and Phillip have

A valid contract as long as the court can determine a reasonable price at the time for delivery

Ronald telephones an order to Jason for seventeen custom-made doors that are uniquely designed for Ronald's unusual seaside mansion. Jason manufactures the custom doors and delivers them to Ronald, who refuses to pay. Under the UCC

A valid oral contract has been formed

If the change in price and delivery location for Strike is determined to be BLANK, then BLANK would be the trucking company for the contract

An Unreasonable Hardship Dependable Truck Line

Janis owns a copper mine. She regularly sells the copper from her mine to Travis, who uses the raw materials in his factory. Their sales contracts are covered by

Article 2 of the UCC

Jill buys a refrigerator and pays the company to have it delivered. Her contract is governed by

Article 2 of the UCC

If this is the case, then BLANK would be the likely breaching party

Bailey

Under the UCC, before the title and risk of loss pass from the seller to the buyer, the goods must be BLANK and must be BLANK to the contract

Be In Existence Be Identified To The Contract

In situations like this, where a contract is declared unconscionable by a court, why doesn't the court rescind the entire contract and have the parties return the consideration

Because the plaintiff would receive unjust enrichment by getting the use of the freezer for free

The peas were destroyed BLANK they were delivered

Before

The peas were destroyed BLANK

Before the Delivery to Fast Freight

Because the parties are BLANK merchants, the additional terms BLANK become part of the contract unless certain conditions exist

Both Automatically

Bart orders 20,000 Class A widgets from Salvatore. Salvatore promptly ships to Bart 20,000 Class B widgets instead. Under the UCC, the Salvatore has

Both accepted and breached the contract

The parties to the contract are BLANK

Both in the United States

The unforeseen circumstance may excuse performance under the doctrine of BLANK

Commercial Impracticability

the goods delivery by the seller must BLANK

Conform Perfectly with the Contract

Strike BLANK contacted Bailey about the change in trucking companies

Could Not

Harvey buys a used Jet Ski from Taylor's Sports Store. Harvey takes the Jet Ski to the river and discovers that it doesn't work. He immediately notifies the seller of the problem. Taylor's can

Cure the Defect

Strike used BLANK and likely BLANK breach the contract

Depends Truck Line Yellow Express Truck Line Did

Kacey purchases custom windows from Custom Windows, Inc., and wants to ensure that the goods are shipped by common carrier and that title does not pass until the windows are tendered to her address. The contract should specify that it is a

Destination Contract

Strike BLANK object to the new or changed term within a reasonable time

Did Not

The offer, as stated, BLANK include a limitation to the terms of the offer

Did Not

The parties BLANK specifically agree to who bears the risk of loss and when

Did Not

Mackey and Franklin's Farms BLANK when title and risk of loss would pass

Did Not Agree

Title to the peas BLANK when the contract was formed

Did Not Pass

In the facts as given, the offer BLANK limit acceptance to its terms

Does Not

The law that governs this contract BLANK require that the acceptance be the mirror image of the offer

Does Not

From the information given, it BLANK that there were open terms in the offer

Does Not Appear

BLANK is the buyer

Eyring Quality Eggs

This contract addressed shipment as BLANK

F.O.B Franklin's Farm's City

Prasanna contracts to buy ten thousand CDs from Louis. Louis ships the CDs to Prasanna. The CDs are exactly as stipulated in the contract, and Prasanna accepts them. If Prasanna fails to pay Louis for the CDs, Louis can

File a Lawsuit to Recover the Purchase Price

BLANK had the risk of loss

Franklin's Farms

The Seller is

Franklin's Farms

The risk of loss in this situation is with BLANK

Franklin's Farms

The contract was formed when BLANK

Franklin's Farms Promised Prompted Shipment

Kevin signs a contract to purchase 10,000 bushels of grain from Gene's grain elevator that has a 100,000-bushel capacity. Kevin's bushels are classified as

Fungible Goods

Don leaves his trumpet at Lucky's Music Store for repairs. Later, Isabel stops by Lucky's Music Store, sees the trumpet and wants to buy it so her son can take music lessons. Thinking Lucky's is the owner of the trumpet, Isabel buys the trumpet for $250, a fair price for trumpets of that kind and in that condition. What kind of title does Isabel have against Don

Good title to the trumpet under the entrustment rule

Eggs are

Goods

This contract is for the sale of BLANK

Goods

Several factors may influence the court in making this decision, including unreasonable BLANK for the offeror

Hardship

BLANK is the seller

Hudson Enterprise

In which of the following situations would Elijah be liable for the loss of the wheat against the new buyer

If the buyer had not actually taken possession of the goods

Victor is an inventor who has patented and sold many products. To earn a living from his designs, he sells the prototypes to Kenny, who then manufactures and markets the products. Victor is in need of cash, so he offers to sell Kenny the designs for his next five inventions in exchange for an immediate lump-sum payment. For Kenny to acquire title in Victor's next five prototypes, they must be

In Existence

Smith agrees to buy the lawnmower that Kris advertised in the newspaper. Kris is not a merchant but a private party. Smith and Kris say nothing about delivery in their contract. Under the Uniform Commercial Code, delivery will take place at

Kris's Home

The Buyer is

Mackey

Oscar owns a jewelry store. Maura agrees to buy a watch for $3,150 that Oscar has ordered from Germany. Oscar and Maura fail to specify where delivery will take place. Under the UCC

Maura must take delivery of the watch at Oscar's store

Unforeseen circumstances BLANK result in an expectation to this rule

May

Bailey is a BLANK because he BLANK in the business of dealing in the type of goods that are the subject of this contract

Merchant Is

Strike is a BLANK because he BLANK in the business of dealing in the type of goods that are the subject of this contract

Merchant Is

A family who buys a house and borrows most of the funds often pay during the life of the loan total interest charges that may equal the purchase price. Why don't courts declare such mortgage contracts unconscionable

Mortgage interest rates are the result of supply and demand in a highly competitive market and therefore are not unconscionable

Rama returns home one evening to discover that his new $5,000 flat-screen television has been stolen. The thief then encounters Luke in an alley and sells him the television for $100. Luke does not know it was stolen. If Rama wants to recover his television, Luke

Must return the television, because he has void title

One potential problem with the acceptance is that it BLANK

Named a Different Delivery Truck Company

Did the New York trial court agree that Star Credit Corporation could enforce its contract with the Jones

No

Adele decides to purchase several silver tea sets from Vaughn's gift store. In their sales contract, Adele and Vaughn do not specify how many silver tea sets Adele will purchase. They now have

No contract at all

Tyler, who runs his business in the United States, enters into a contract with Abigail, a business owner in Australia. Tyler offers to sell factory equipment to Abigail for $30,000. Abigail responds that she will "take it, but you have to give me a warranty on top of it." Under the CISG, Tyler and Abigail have

No contract because of the mirror image rule

Assume that the Joneses were exceedingly rich, would that have changed the outcome of this case? Why or why not

Probably, because though the court might have felt that the price was too high, the court is more likely to find the plaintiffs simply made a bad choice

Bart contracts with Stanley to purchase ten thousand boxes of widgets for delivery next month pursuant to a destination contract. Under a destination contract, risk of loss passes when the widgets

Reach the Buyer

WHAT IF THE FACTS WERE DIFFERENT? The change from Dependable to Yellow Express may seem BLANK to Bailey

Reasonable

James contracts with Zeke to purchase 1,000 cotton tents from a lot that contains 10,000 tents made of cotton, nylon, felt and polyester. If identification is not specifically mentioned in the contract, these tents are identified

Remain with Zeke

David contracts to purchase seven bulldozers from Jena. Jena manufactures the bulldozers, but David is unable to pay. After notifying David of her intentions, Jena may

Resell or Dispose of the Goods in the Open Market

These terms indicate that this contract is a BLANK contract

Shipment

WHAT IF THE FACTS WERE DIFFERENT? The contract would be a BLANK contract

Shipment

When there is no agreement about the transfer of title and risk of loss, the courts will look to the BLANK in the contract

Shipping Terms

Andrea is a famous rodeo competitor. She contracts with Wild Ride Horse Sales to purchase five pedigreed horses, which are designated by their registration numbers. In this contract, identification

Takes Place When the Contract is Made

The seller's primary obligation is to BLANK

Tender Conforming Goods

Under a shipment contract, such as this one, Franklin's Farms would be required to deliver the goods to BLANK before risk of loss passes

The Carrier

This is true because BLANK

The One Thousand Cases Were Separated From Lot A

This is true because the peas were BLANK

The Peas Were Not Yet Identified

Kelly, a farmer, tells Farm Fresh Onions, Inc., that he will not be able to deliver the quantity of onions agreed to under the contract. If, before the time for performance has occurred, Farm Fresh Onions has not pursued an alternative source for onions and Kelly contacts Farm Fresh Onions to tell them that he can now perform

The Repudiation is Retracted

Dillan contracts with Al's Tree Service for the purchase and installation of six maple trees along the edge of his property line. The trees cost $4,000 under the contract and installation labor is $2,000. This contract will be governed by

The UCC because it is a mixed contract predominately for the sale of goods

If Elijah attempts to bring a breach of contract action against The Seed Store, what is his best argument for striking the "No Substitutions" clause as a part of the contract

The term was unconscionable

The BLANK applies to the duties and obligations of parties to a sale of goods contract

Uniform Commercial Code

This contract will be governed by the BLANK

Uniform Commercial Code

When parties don't agree on when the risk of loss passes, the BLANK provides the default rules. (might be more than one word)

Uniform Commercial Code

If Malmberg had not been an art dealer, but instead was a courier or shipping company who was entrusted with the painting and then sold it to Brant, what type of title would have been passed on to Brant

Void Title

The occurrence of the avian sickness BLANK an unforeseen circumstance

Was

The Greenie peas BLANK in existence

Were

The peas BLANK identified to the contract

Were

Under shipment contracts, risk of loss should have passed to the buyer, Mackey BLANk

When Franklin's Farms Delivered the Peas to Fast Freight

Randolph contracts to buy a load of high-quality granite rocks for his landscaping company. The contract does not contain any explicit agreements regarding when the passage of title will occur. Under the provisions of the Uniform Commercial Code (UCC) 2-401, the passage of title will occur

When the Seller Delivers the Rocks to Randolph

Andrew is a soybean farmer. He has a contract with a cooperative company called Big Beans, Inc. Every year Big Beans agrees to buy all the soybeans that Andrew grows on his farm. Big Beans acquires an insurable interest in Andrew's soybeans

When the Soybeans are Planted

If Strike had objected BLANK, then the change in trucking companies BLANK a part of the contract

Within a Reasonable Time Would Not Have Been

Under normal circumstances, the change from one national trucking company to another national trucking company BLANK be a material change to the contract

Would Not

Given these facts, the parties likely agreed upon BLANK as the trucking company for the contract

Yellow Express Truck Line

Did the Nebraska Supreme Court find the trial court's award of the purchase price plus court costs to be appropriate

Yes

Did the appellate court agree with the trial court's decision

Yes

If the agreement between Elijah and the Canadian buyer was never written down, could Elijah be liable to the Canadian buyer for a breach of contract (assume the total value of the contract was over $100,000)

Yes, because the CISG does not have a Statute of Frauds requirement

Is Elijah obligated to repair or replace the leased equipment after it is damaged in the storm

Yes, because the contract required that he repair any damage to the equipment beyond normal wear and tear

Is Elijah liable to the repair shop for breach of contract

Yes, but the amount of damages is unclear

If a piece of art is physically stolen, then sold to an art dealer, who then resells it to an art collector, in what position is the original owner

because the title to the stolen artwork is void, the original legitimate (real) owner can recover it

Sullivan contracts with Bristol to sell Bristol 500 pounds of frozen fish. Sullivan carefully places the fish in boxes, notifies Bristol of the shipment, and puts the goods in the carrier's hands. Sullivan does not inform the carrier of the contents of the boxes, and when the fish arrive at Bristol's factory, they are inedible. Bristol

can reject the shipment and consider the contract breached

In this case, Lindholm entrusted her painting to Malmberg by authorizing the museum to release the painting to him. He then sold it as a merchant in the ordinary course of business. If Lindholm had not entrusted it to Malmberg, but Malmberg instead had used a fake document to convince the museum to release it to him, and then had sold it to Brant, who was a good faith purchaser, Lindberg

could not have recovered the painting because malmberg had voidable title

Assume that in this case, Fitl hired an expert who informs him that the baseball card is not authentic. If Fitl waited for, say, 20 months to inform the seller, how would a court rule

fitl normally would lose his right to reject the goods because waiting 20 months after he learned of the nonconformity is not "timely"

Assume that Buyer contracted with Seller for the purchase of 25 convertible cars. On the last day of the contract period, Seller delivered to Buyer 25 SUVs. The Buyer rejected the goods. Does the Seller have the opportunity to cure the tender

no, because the seller did not have reasonable grounds to believe the tender would be acceptable

Susan agrees to sell Ben a truckload of blankets for $10,000. Susan delivers the blankets to Ben's factory on a Sunday at 4:00 A.M. Seeing no one at the factory, Susan waits for twenty minutes and leaves with the goods. Susan has

not properly provided tender of delivery

Mason orders a load of T-shirts imprinted with the names of bands he is promoting. He plans to sell the shirts at an outdoor rock concert. The shirts arrive on schedule the day before the concert. Some of the printing on the shirts is imperfect and some of the words are misspelled. Mason decides to keep all of the shirts, even the bad ones. He can

sue to recover any losses, if he notified the seller of the defects

When a buyer accepts nonconforming goods and then does not give notice of the defect, how much longer must she wait to pursue a remedy

the buyer normally loses any right to a remedy when she fails to give notice of the defect to the seller