Exam 3 CHP 11 Flashcards
Governs many contracts for the sale of goods.
Uniformed Commerical Code
Covers the sale of goods, not services.
Article 2 of UCC
All things which are movable at the time of identification to the contract for sale.
Goods
A person who regularly deals in goods of the kind involved in the transaction.
Merchant
To ensure that a buyer gets a ‘good, clean title’ and that the buyer ‘will not be exposed to a lawsuit in order to protect it.’
Warranties of title
Imposed on the seller, Requires that the goods are reasonably fit and safe for the purposes there are being sold for. Also applies to packaging and labeling
Implied warranty of merchantability
Seller’s promise as to quality, safety, or performance; may be created by the seller’s statements, description, or models.
Express warranty
Used to reduce liability, language that attempts to dismiss an express warranty.
Disclaimer warranty
The right of a seller to make good on an improper delivery of goods if done within the time allowed by the contract.
Cure
A valid and sufficient offer of performance under a contract.
Tender
A seller must tender the quality, quantity, and delivery method as specified in the contract or the buyer has the right to reject the goods.
Perfect tender rule
If the buyer relies on the seller’s skill or judgment in selecting goods for a particular purpose, the goods must be able to perform that purpose.
Fitness for a particular purpose
When a seller fails to deliver goods, the buyer is entitled to buy substitute goods and recover the price difference.
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