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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. |
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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. |
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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. |
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UNCONSCIONABILITY applies to the __________ of K's.
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UNCONSCIONABILITY applies to the FORMATION of K's.
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The obligation of GOOD FAITH applies to the ______________ or ______________ of K's.
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The obligation of GOOD FAITH applies to the PERFORMANCE or ENFORCEMENT of K's.
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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. |
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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. |
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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. |
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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! |
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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. |
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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. |
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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! |
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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. |
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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. |
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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. |