determining terms

Question 1

parol evidence rule

Answer 1

evidence that is extrinsic to a written K is inadmissible to supplement or contradict the written K; applies if K is a complete integration

Question 2

delivery obligations - shipment by carrier

Answer 2

shipment K = seller only obligated to ship goods to buyer; risk of loss passes when seller delivers goods to carrier

destination K = seller obligated to ensure goods reach buyer; risk of loss passes only when buyer takes delivery

Question 3

express warranty

Answer 3

promise about quality or feature of a product; breached if the product falls short of seller’s promise or description

Question 4

implied warranty of merchantability

Answer 4

merchant seller automatically warrants goods are fit for their ordinary purpose

Question 5

implied warranty of fitness for a particular purpose

Answer 5

seller (whether or not a merchant) warrants that goods are fit for buyer’s purpose if:
1) buyer has a particular purpose
2) buyer relies on seller to select goods
3) seller has reason to know of buyer’s purpose and reliance on seller