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9 Cards in this Set
- Front
- Back
- 3rd side (hint)
Sale of Goods: Buyer's remedies for seller's breach
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1. Cover
2. Difference between K price and FMV at the time of breach discovery, or 3. Specific Performance is remedy at law inadequate (uniqueness or inability to cover) 4. Reliance 5. Consequential = Foreseeable |
Bad Seller
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Sale of Goods: Buyer's remedies for non-conforming goods
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1. Reject unless curable
2. Accept and get difference between what goods are worth vs. what they would have been worth if no breach. 3. Reliance 4. Consequential = Foreseeable Requires substantial impairment of the value of the goods |
Bad Seller
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Sale of Goods: Seller's remedies for buyer's breach
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1. Mitigate
2. FMV - K price 3. Reliance 4. But no SP 'cause you want $$ 5. Lost profits? Take into account volume sellers. |
Bad Buyer
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What is the implied warranty of merchantability?
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Implied, fit for ordinary human purposes. Includes fod and drink. Merchants only.
Farmers are merchants |
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Warranty of Title
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Constructive: anybody who sells good warrants he owns them. Don't have to be merchant.
Infringement: only merchants can infringe. |
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What is a fitness for a particular purpose?
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1. Buyer has particular purpose
2. Seller has reason to know 3. Buyer relies on seller to furnish such. |
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When do you warrant fitness for a particular purpose?
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Expressly (affirmation of fact)
1. No puffing 2. Sample or model 3. Distinguish fraud |
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Can you disclaim warranties?
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No disclaimers on implied warrants in consumer cases.
Any natural person (not corp.) who could be affected by it can claim the warranty. |
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Federal Consumer Products warranties of law 1975
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1. No disclaimer of implied warranties
2. Lemon problem (no disclaimers, lemons decided in favor of consumer, no tie inns unless without cost) |
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