Lhc-Law Final Set 2

Front 1

contributory negligence

Back 1

is not a defense in the majority of states

Front 2

voluntary assumption of the risk

Back 2

is a defense

Front 3

section 402A

Back 3

imposes strict liabiltiy in tort

Front 4

strict liabiilty in tort

Back 4

merchant seller is liable for selling a product in a defective condition, unreasonably dangerous to the user

Front 5

manufacturing defect

Back 5

not produced according to specifications

Front 6

design defect

Back 6

plans or specifications inadequate to ensure the product's safety

Front 7

state of the art

Back 7

the state of technology current at the time the product is made

Front 8

failure to warn

Back 8

failure to provide adequate warnign of possible danger or to privde appropriate directions ofr use of a product

Front 9

unreasonably dangerous

Back 9

cotnains a danger beyond that whcih whould be contemplated by the ordinary consumer

Front 10

contributory negligence

Back 10

not a defense in the majority of states

Front 11

comparative negligence

Back 11

most states haeve applied the rule of comparative negligence to strict liabilty in tort

Front 12

voluntary assumption of the risk

Back 12

is a defense

Front 13

misuse or abuse of the product

Back 13

is a defense

Front 14

subsequent alteration

Back 14

liabtiliy exists only if the produt reaches the user or consumer w/o substantial change in the condition in which it is sold

Front 15

sttuate of repose

Back 15

limits the time period for which a manufacturer is liable for injury caused by its product

Front 16

consuemr leases

Back 16

leases by a merchant to an individual who leases for personal, family, or household purposes for no more than 25k.

Front 17

finance leases

Back 17

special type of lease transation generally in vovling theree parties; the lessor, the supplier, and the lesee

Front 18

sales transactions

Back 18

governed by Article 2 of the Code, except when general contract law has not been specifically modifed by the Code, general contract law continues to apply

Front 19

transactions outside the code

Back 19

include employment contracts, service contracts, insurance contracts, contracts invoving real property, and contracts for the sale of tangibles

Front 20

lease transactions

Back 20

goverend by Article 2A of the Code, but when general contract law has not been specifically modified by the code, general contract law continues to apply

Front 21

fundamental principlesof Article 2 and Article 2A

Back 21

to modernize, clairify, simplify, and make uniform the law of sales

Front 22

good faith

Back 22

honesty in fact in conduct or transaction

Front 23

unconscionability

Back 23

a court may refuse to enforce an unconsciouable contract or any part of a contract found to be unconscionalbe

Front 24

procedural unconscionanbility

Back 24

unreasonable bargaining process

Front 25

substatntiatve unconscionability

Back 25

grossly unfair contractual terms

Front 26

course of dealing

Back 26

sequence of previous conduct b/t parties establihing a basis for interpreting their agreement

Front 27

usage of trade

Back 27

practice or method of dealing regularly observed and followed in a place, vocation, or trade

Front 28

merchant

Back 28

dealer in goods or person who by his ooccupation holds himself out as having knowledge sor skill peculiar to the goods

Front 29

freedom of contract

Back 29

most provisions of the Code may be varried by agreement

Front 30

valdiation and preservation of sales contract

Back 30

the code reduces formal requisites to the bare minimum and attempts to preserve aggreements whenever the parties manfiest an intention to entier into a contract

Front 31

definiteness of an offer

Back 31

the code provides theat a contract does not fail for indefintieness even though one or more terms may have been omitted; the code provides standards by which missing esential terms may be supplied

Front 32

opinion

Back 32

contract to hold open an offer

Front 33

firm offer

Back 33

signed writing by merchant to hold open an offer for the sale or purchase of goods or the lease of goods

Front 34

variant acceptances

Back 34

the inclusion of different or additional terms in an acceptance is addresed by focusing on the intentof the parties

Front 35

manner of acceptance

Back 35

an acceptance can be made in any resaonable manner and is effective upon dispatch

Front 36

auction

Back 36

auction sales are generaly with reserve, permitting the auctionneer to withdraw the goods at any time prior to sale

Front 37

contractual modifications

Back 37

the code provides that a contract for the sale or lease of goods may be modified without new consideration if the modification is made in good faith

Front 38

stuatte of frauds

Back 38

sale of goods costing $500 or more (or lease of goods for 1k or more) must be evidenced by a signed writing to be enforceable

Front 39

written compliance

Back 39

the code requires some writing or writings sufficeitn to indicate that a contract has been amde between the parties, signed by the party against whom enforcement is sought or by her authroized agent or broker, and including a term specifying the quantity of goodsq

Front 40

parol evidence

Back 40

contractual terms that are set forth in a writing intended by th eparties as a final expression of their agreement may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement, but such terms may be explained or supplemeneted by course of dealing, usage of trade, course of performance, or consistent additional evidence

Front 41

performance

Back 41

fulfillment of a contractual obligttion

Front 42

tender of delivery

Back 42

seller makes available to buyer goods conforming to the contract and so notifies the buyer

Front 43

time of tender

Back 43

tender must be made at a reasonable time and kept open for a reasonable period of time

Front 44

place of tender

Back 44

if onne is specified, place for delivery is the seller's place of business or, if he has no such place, his residence

Front 45

shipment contract

Back 45

seller is required to tender delivery of the goods to a carrier for elivery to buyer