Breach

Question 1

whe mist provide reasonable assurances under UCC? CL

Answer 1

3reasoanble time of 30 d

CL: reasonable time

Question 2

can merchantability be disclaimed? how?

Answer 2

yes oral or written, must use the word “merchantability” ; writing must be conspicuous

Question 3

can fitness for particular purpose be disclaimed? how?

Answer 3

□ disclaimer by conspicuous writing; may use general language

Question 4

can implied warranties generally be disclaimed? how?

Answer 4

□ language that makes plain that there is not implied warranty (e.g., “as is”)
□ buyer’s inspection of goods
excluded by course of performance, dealing or trade usage

Question 5

can express warranties be disclaimed?

Answer 5

§ Disclaimers—disclaimers that unreasonably negate or limit express warranties are inoperative

Question 6

what is shipment K? when does ROL pass?

Answer 6

If delivery by common carrier other than seller (e.g., FedEx), it may be a shipment K where risk of loss (ROL) passes to buyer when goods are delivered to carrier

Question 7

what is destination K? when does ROL pass?

Answer 7

it is a destination K by nature
If seller is a merchant, ROL passes to buyer when in buyer’s possession (if buyer never takes possession, seller still has ROL). If non-merchant, ROL is on buyer upon delivery