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9 Cards in this Set

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Sale of Goods: Buyer's remedies for seller's breach
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
Sale of Goods: Buyer's remedies for non-conforming goods
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
Sale of Goods: Seller's remedies for buyer's breach
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
What is the implied warranty of merchantability?
Implied, fit for ordinary human purposes. Includes fod and drink. Merchants only.

Farmers are merchants
Warranty of Title
Constructive: anybody who sells good warrants he owns them. Don't have to be merchant.

Infringement: only merchants can infringe.
What is a fitness for a particular purpose?
1. Buyer has particular purpose
2. Seller has reason to know
3. Buyer relies on seller to furnish such.
When do you warrant fitness for a particular purpose?
Expressly (affirmation of fact)

1. No puffing
2. Sample or model
3. Distinguish fraud
Can you disclaim warranties?
No disclaimers on implied warrants in consumer cases.

Any natural person (not corp.) who could be affected by it can claim the warranty.
Federal Consumer Products warranties of law 1975
1. No disclaimer of implied warranties

2. Lemon problem (no disclaimers, lemons decided in favor of consumer, no tie inns unless without cost)