buyer's performance, obligations, etc Flashcards
payment is due
time and place to receive goods, payment is a condition to seller’s duty to complete obligation, may ship under reservation– hold goods until buyer pays
installment sales- may be made or demanded with each installment unless k states otherwise
buyer has right to inspect prior to payment
impracticability
performance becomes illegal; failure of a particular source of supply
if makes it more expensive, not excusable
destuction of identified goods
has risk of loss passed to the buyer
is there total destruction
if so, contract is avoided
limitation on expectation damages
must be proved with reasonable certainty
consequential damages
not recoerable unless they had reason to know
general damages includes
incidental damages, such as cost of storing rejected goods or consequential damages (unique)
consequential damages can be limited un;ess it would be
unconsionable
liquidated damages
okay as long as not a penalty
replevin
buyer can recover specially identified goods
right of reclamation
unpaid seller after buyer goes insolvent
1) buyer is insolvent at time of purchase
2) seller must demand return within 10 days of receipt or within a reasonable time if the buyer misrepresented his solveny to the seller and
3) buyer must still have the goods
SOL
4 years; can be modified but not less than 1 year
title cannot be obtained by
theft
buyer who obtains title unlawfully, but can trasnfer it
to good faith purchaser for value