Terms of the Contact

Question 1

Five Parol Evidence Fact Patterns

Answer 1

1) Changing/ COntradicting terms in written deal (NO)
2) Mistake in integration (yes)
3) Defenses (yes)
4) Ambiguity (yes)
5) Adding to written deal (only if partial, or if written terms will ordinarily be in different agreement)

Question 2

UCC Terms

Shipment Contract

Answer 2

Which means that the Seller completed delivery obligations when:

1) good to common carrier,
2) Make reasonable arrangement for delivery
3) Notice to buyer
* Risk of loss posses until delivered to carrier.

Question 3

UCC Terms

Delivery Contract

Answer 3

Deliver goods to a particular destination

• risk of loss transfers when tendered to buyer at destination.
• Tender to buyer at destination (ROL)

Question 4

Warranty

Implied Warranty of Fitness for Particular Purpose

Answer 4

1) Buyer has a PARTICULAR PURPOSE
2) Buyer RELYS on sell to select suitable goods
3) Seller has REASON to KNOW of purpose and reliance

Warrants: Good fit for particular purpose.

Question 5

Contract

Parol Evidence

Answer 5

If intent to be final in writing nothing before or contemporaneous be brought in to show contradiction, very, or add to integration.

*** everything else is ok

Question 6

Parol Evidence

Extrinsic Evidence Outside the Scope

Answer 6

1) Attacking the Validity
- Formation
- Condition Precedent

2) Interpretation (ambiguity)
3) True Consideration
4) Reformation

Question 7

Perfect tender

Exception

Answer 7

Where the Seller has reason to think that non-conformity good will be acceptable to Buyer, which reasons from prior dealing.

• will have a reasonable time to cure, even if part due to him.