Chapter 16 Flashcards

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1
Q

Agreement to sell

A

An agreement that title will be transferred at some time in the future

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2
Q

Bill of exchange

A

A negotiable instrument by which the drawer directs the drawee to pay out money to the payee; drawee need not be a bank

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3
Q

Bill of lading

A

A receipt for goods in the care of the shipper accompanied by contract of carriage terms to move the goods or deliver identical goods to a designated place

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4
Q

Certified cheque

A

A means of transferring funds by cheque where payment is, in effect, guaranteed by the bank

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5
Q

Cheque

A

A negotiable instrument consisting of a bill of exchange drawn on a bank, payable on demand

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6
Q

CIF (cost, insurance and freight) contracts

A

Sales contracts in which one of the parties has been designated as being responsible for paying the costs involved in the shipping of the goods, as well as arranging insurance

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7
Q

COD (cash on delivery) contracts

A

Sales contracts in which the seller maintains the proprietary rights or title as well as control over the possession of the goods until they are delivered to the buyer’s premises and paid for

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8
Q

Consumer transactions

A

Purchases by individuals of goods or services for personal use and not for resale or for business purposes

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9
Q

Cooling off period

A

A statutorily defined period during which purchasers in door to door sales may change their mind and rescind a contract

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10
Q

Direct sales

A

Sales made to consumers at their place of business or dwellings

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11
Q

Door to door sales

A

An example of direct sales

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12
Q

Drawer

A

The person creating the negotiable instrument

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13
Q

Endorser

A

The person who signs the back of a cheque, usually assuming the obligation to pay it if the drawee or maker defaults

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14
Q

FOB (free on board contracts)

A

Sales contracts in which the parties have agreed that the seller will bear the risk until a specified point in the transport process

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15
Q

Holder in due course

A

An innocent third party entitled to collect on a negotiable instrument despite any claims of the original parties

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16
Q

Lien

A

A claim registered against property, such as a mortgage; a charge giving the creditor the right to retain what is in their possession until their demands for payment are satisfied

17
Q

Merchantable quality

A

Freedom of goods from defects that if known would impact the price

18
Q

Promissory note

A

A promise to pay the amount stated on the instrument

19
Q

Quiet possession

A

A condition that the seller or anyone claiming through the seller will not interfere with the buyer’s use and enjoyment of the property

20
Q

Referral selling

A

A type of sales practice in which the purchaser supplies a seller with a list of friends or acquaintances and receives a benefit when sales are made to those people

21
Q

Risk

A

Potential loss from destruction or damage to goods, injury or other eventuality

22
Q

Seller’s lien

A

A seller who holds the goods has a lien against a defaulting purchaser

23
Q

Stoppage in transit

A

The seller’s right to stop the shipment during transit in event of default