buyer's performance, obligations, etc Flashcards

1
Q

payment is due

A

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

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2
Q

impracticability

A

performance becomes illegal; failure of a particular source of supply

if makes it more expensive, not excusable

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3
Q

destuction of identified goods

A

has risk of loss passed to the buyer

is there total destruction

if so, contract is avoided

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4
Q

limitation on expectation damages

A

must be proved with reasonable certainty

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5
Q

consequential damages

A

not recoerable unless they had reason to know

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6
Q

general damages includes

A

incidental damages, such as cost of storing rejected goods or consequential damages (unique)

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7
Q

consequential damages can be limited un;ess it would be

A

unconsionable

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8
Q

liquidated damages

A

okay as long as not a penalty

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9
Q

replevin

A

buyer can recover specially identified goods

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10
Q

right of reclamation

A

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

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11
Q

SOL

A

4 years; can be modified but not less than 1 year

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12
Q

title cannot be obtained by

A

theft

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13
Q

buyer who obtains title unlawfully, but can trasnfer it

A

to good faith purchaser for value

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