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15 Cards in this Set

  • Front
  • Back
TRUE/FALSE:

There is no distinction in VA between new and used goods.
TRUE!

There is NO distinction in VA between NEW and USED goods.
DEFENSES TO FORMATION OF A K - STATUTE OF FRAUDS

To satisfy the SOF in VA, the writing need NOT _____________ establish the existence of a K.

The writing need only provide a ________ for believing that the offered evidence rests on a _______ transaction.
DEFENSES TO FORMATION OF A K - STATUTE OF FRAUDS

To satisfy the SOF in VA, the writing need NOT CONCLUSIVELY establish the existence of a K.

The writing need only provide a BASIS for believing that the offered evidence rests on a REAL transaction.
UNCONSCIONABILITY

UNCONSCIONABILITY applies ONLY to the ____________ of K's, wheras

The obligation of _______ ________ applies ONLY to ____________ or ENFORCEMENT of the K.
UNCONSCIONABILITY

UNCONSCIONABILITY applies ONLY to the FORMATION of K's, wheras

The obligation of GOOD FAITH applies ONLY to PERFORMANCE or ENFORCEMENT of the K.
UNCONSCIONABILITY applies to the __________ of K's.
UNCONSCIONABILITY applies to the FORMATION of K's.
The obligation of GOOD FAITH applies to the ______________ or ______________ of K's.
The obligation of GOOD FAITH applies to the PERFORMANCE or ENFORCEMENT of K's.
In VA,

NONCARRIER cases are sometimes called "_________ _________" cases; AND

CARRIER cases are sometimes called "______________" cases.
In VA,

NONCARRIER cases are sometimes called "DIRECT DELIVERY" cases; AND

CARRIER cases are sometimes called "TRANSPORTATION" cases.
NOTICE REQUIREMENT

The buyer is _____ required to notify the seller initially of all his ____________.

HOWEVER, the buyer IS required to notify the seller that the transaction was _____________.
NOTICE REQUIREMENT

The buyer is NOT required to notify the seller initially of all his OBJECTIONS.

HOWEVER, the buyer IS required to notify the seller that the transaction was TROUBLESOME.
EFFECT OF REVOCATION OF ACCEPTANCE

When a buyer has properly revoked acceptance, his _________ and _________ w/ regard to the goods involved are the same as if he had __________ them.
EFFECT OF REVOCATION OF ACCEPTANCE

When a buyer has properly revoked acceptance, his RIGHTS and DUTIES w/ regard to the goods involved are the same as if he had REJECTED them.
MEASURE OF DAMAGES

Are PUNITIVE DAMAGES proper for a contractual breach of warranty?
NO!

PUNITIVE DAMAGES are NOT proper for a contractual breach of warranty!
IMPLIED WARRANTY OF MERCHANTABILITY - WHEN GIVEN

The implied warranty of merchantability arises even in the sale of _______ goods.
IMPLIED WARRANTY OF MERCHANTABILITY - WHEN GIVEN

The implied warranty of merchantability arises even in the sale of USED goods.
IMPLIED WARRANTY OF MERCHANTABILITY - PRIMA FACIE CASE

To establish a breach of implied warranty, the ______ must show:

(1) The _________ of a WARRANTY;

(2) That the warranty was __________; and

(3) That the BREACH was a __________ CAUSE of the loss.
IMPLIED WARRANTY OF MERCHANTABILITY - PRIMA FACIE CASE

To establish a breach of implied warranty, the ______ must show:

(1) The EXISTENCE of a WARRANTY;

(2) That the warranty was BROKEN; and

(3) That the BREACH was a PROXIMATE CAUSE of the loss.
EXPRESS WARRANTIES

STATEMENT: "This is a good quality ladder."

Would the Fourth Circuit hold that this statement creates an express warranty?
NO!

The Fourth Circuit has held that the statement "this is a good quality ladder" DID NOT create an express warranty!
WARRANTY AND THIRD PARTIES

VA has completely abolished __________ of _____ as a DEFENSE to an action for __________ ___________ based on breach of warranty.
WARRANTY AND THIRD PARTIES

VA has completely abolished PRIVITY of K as a DEFENSE to an action for PERSONAL INJURY based on breach of warranty.
NO PRIVITY OF K DEFENSE

Lack of privity shall be NO DEFENSE in any action for breach of warranty against a _____________ or __________ of goods EVEN THOUGH P did NOT buy the goods from D...

SO LONG AS it was __________ to expect that P would ______, _________, or BE AFFECTED by the goods.
NO PRIVITY OF K DEFENSE

Lack of privity shall be NO DEFENSE in any action for breach of warranty against a MANUFACTURER or SELLER of goods EVEN THOUGH P did NOT buy the goods from D...

SO LONG AS it was REASONABLE to expect that P would USE, CONSUME, or BE AFFECTED by the goods.
NO PRIVITY REQUIREMENT IN ACTION FOR DAMAGES FOR PHYSICAL INJURY

HOWEVER, there is STILL a privity requirement in actions for purely ___________ LOSS.
NO PRIVITY REQUIREMENT IN ACTION FOR DAMAGES FOR PHYSICAL INJURY

HOWEVER, there is STILL a privity requirement in actions for purely ECONOMIC LOSS.