performance

Question 1

Parole evidence

Answer 1

same shit

Question 2

warranty

Answer 2

promise that shifts the risk to the party making the promise

Question 3

warranty of title

Answer 3

all sellers warrant that title is good and transfer is rightfull

Question 4

express warranty

Answer 4

promise affirming or describing goods that is part of the basis of the bargain unless it is simply an opionion

sample or model creates an express warranty

Question 5

implied warranty of merchantability

Answer 5

merchant dealing with the goods @ issue

ordinary purpose @ time of sale

Question 6

can merchant disclaim this?

Answer 6

yes if clear

Question 7

implied warranty of fitness for a particular purpose

Answer 7

buyer relies on seller’s expertise; warrants goods will meet that special purpose

Question 8

can a non-merchant use this?

Answer 8

yes

Question 9

can the warranty be disclaimed?

Answer 9

yes

Question 10

UCC requires

Answer 10

percect tender

Question 11

what is perfect tender

Answer 11

perfect goods and delivery

Question 12

properly reject goods, buyer must

Answer 12

1) notify seller within reasonable time
2) notify seller of particular defect
3) hold goods for a reasonable time so seller can get it back

Question 13

if goods are rightfully rejected and the buyer has paid some of purchase price

Answer 13

she will have a SI in the rejected goods

Question 14

if seller fails to give reasonable instructions she can

Answer 14

1) store goods on sller’s account
2) ship back
3) resell

Question 15

revoking acceptance

Answer 15

buyer may revoke acceptance– i.e. defect emerges within a reasonable time

Question 16

seller right to cure

Answer 16

fails to tender perfect goods and there is time left on the k or there were reasonable grounds to believe homie would accept, you gotta give them a chance to cure

Question 17

perfect delivery

Answer 17

default is 1 shipment

Question 18

ucc allows for flexibility of goods

Answer 18

buyer can reject a specific delivery that is not perfect only when there is a substantial imparment in that installment that cannot be cured

Question 19

method of tender/delivery in a goods contract

Answer 19

seller’s place of business– if goods are tendered at the seller’s place of business, then the seller just needs to give the goods to the buyer

shipment k- get goods to common carrier, make arrangements for delivery, and notify the buyer

destination k- fob buyer’s place of business– seller must get the goods to the buyer’s business and notify the buyer

Question 20

risk of loss

Answer 20

1) if stated in agreement, that controls
2) if not, determine whether any party has breached

if so, breaching party bears risk of loss

3) if no breach ask what type of delivery k it is

shipment contract- the risk of loss rests with buyer

destination k- risk of loss sets with the seller

if none apply, ask if merchant and it stays with them