Chapter 12 Sales Contracts Flashcards

0
Q

Ownership

A

Entails a collection of rights that the buyer is allowed the use and enjoyment of the property

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1
Q

Sale

A

A contract in which ownership of goods transfer from the seller to the buyer for a price

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2
Q

Contract to Sell

A

Transfer of ownership takes place in the future

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3
Q

Price

A

Consideration for a sale or contract to sell goods

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4
Q

Barter

A

Exchanging goods for goods

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5
Q

Goods

A

Tangible (touchable), moveable, personal property

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6
Q

UCC Definition: Goods to not include

A

Money
Intangible personal property
Patents & copyrights
Land & other forms of real property

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7
Q

Vendor

A

The seller or company in both sales of goods and contracts to sell

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8
Q

Vendee

A

The buyer or the purchaser

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9
Q

Payment

A

Occurs when the buyer transfer the agreed upon payment (consideration) and the seller accepts it

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10
Q

Delivery

A

The act by which the subject matter of the contract is placed within the possession or control of the buyer

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11
Q

Receipt of Goods

A

Buyer takes physical possessions or control of goods

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12
Q

Statue of Fraud

A

Bill is not absolute proof of ownership because the person may have acquired claims against the goods since the bill of sale was issued

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13
Q

Bill of Sale

A

A receipt that is written evidence of the transfers of ownership of goods

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14
Q

Use of Credit

A

Buyer may get both title and possession before payment when a credit card or installment plan purchase is made

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15
Q

Unconscionable

A

Grossly unfair terms may not be criminal nor violate a statue, but are unethical

16
Q

Merchant

A

Someone who deals regularly in the exchange of goods or claims special knowledge in the sales transaction being conducted

17
Q

Casual Seller

A

Do not qualify as a merchant

18
Q

Acceptance of Goods

A

Acceptance is shown when goods are used, resold, or treated as if they were owned by the buyer

19
Q

Contract of Adhesion

A

Contract where the more powerful party dictates all the important terms.

20
Q

Material

A

Included in the contract only if the original offeror expressly shows an intention to be bound by it

21
Q

Sales Contract

A

Are generally valid and enforced in court whether they are oral, written, or implied from the conduct of parties

22
Q

Statue of Fraud

A

The law required a signature of the person being sued, all sales over $500 be in written to be enforced, between merchants the signature of the party who is suing maybe enough to prove an otherwise enforceable sales in contract, oral contracts for the sale of goods priced at $500 or more maybe valid and enforceable