Damages

Question 1

Damages for Sellers Breach

Buyer Keeps

Answer 1

FMV in perfect - FMV as delivered/ Cost to repair

Question 2

Damages for Sellers Breach

Seller Keeps

Answer 2

Mkt price at the time of discovery of breach - K price

Reasonable replacement - K price

Question 3

Delivery Terms and Risk of Loss

NonCarrier Case

Answer 3

Is a sale in which it appears that the parties did not intend that the goods would be moved by a common carrier

If the seller is a merchant:
* ROL passes to buyer when she take physical possession of good

IF seller is not a merchant:
* ROL passes to buyer upon tender of delivery (when goods was ready for pick up)

• ** No particular location
• ** ROL when goods are delivered to the carrier
• ** Ship to address is not enough to over come presumption.

Question 4

Delivery Terms and Risk of Loss

Carrier Case

Answer 4

Shipment + Destination Contract

Question 5

Contract

Liquidated Damages

Answer 5

1) Damages were difficult to forecast at the time of the contract
2) Provision is a reasonable forecast
* Contract can stipulate damages as long as they done operate as a penalty