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
