UCC Sale of Goods

Question 1

UCC

Answer 1

Uniform Commercial Code

Question 2

Goods

Answer 2

Moveable, tangible things

Question 3

Merchant

Answer 3

One who regularly deals in goods of the kind sold, this is who UCC applies to

Question 4

What does UCC do?

Answer 4

Give consumers confidence, keeps economy moving quickly

Question 5

If K of goods and services which one rules?

Answer 5

The more dominant aspect of the contract

Question 6

Offer Revocability

Answer 6

Merchant’s written offer is irrevocable for the stated period or for a reasonable period

Question 7

Acceptance in UCC contract

Answer 7

Any reasonable matter

Question 8

No mirror image rule in UCC

Answer 8

Acceptance can modify the terms
If non-merchant: additional terms can be ignored
If both merchants: additional terms are generally included

Question 9

Input/Output K

Answer 9

I will buy all output, quantity specification not needed

Question 10

Requirement K

Answer 10

I will sell you everything you require

Question 11

Generally seller warrants

Answer 11

Passing good title, unencumbered by liens and no infringements

Question 12

Express Warranties

Answer 12

Express Promise, description, sample, specific, factual promise

Question 13

Implied Warranty of Merchantability

Answer 13

Goods are fit for the ordinary purposes for which such goods are used

Question 14

Are sellers always liable for defects?

Answer 14

Yes, even if they don’t know they exist

Question 15

Implied Warranty of Fitness for a particular purpose

Answer 15

A) Seller knows the purpose for which the goods are to be used
B) Seller knows the buyer is relying on the seller’s skill/judgement
C) Buyer relies on seller’s skill/judgement
(If you say the car can hold 10,000 lbs it must be able to)

Question 16

Disclaimers

Answer 16

Written, clear, conspicuous language, easy to see

Question 17

Magnuson-Moss Warranty Act

Answer 17

Protects consumers os they are protected with warranties, all warranties must be displayed on one page

Question 18

Full-Warranty

Answer 18

Covers everything that goes wrong (repair, replace, refund)

Question 19

When does title pass in UCC?

Answer 19

Title passes at the time of delivery to the buyer

Question 20

Delivery

Answer 20

look to contract terms

Question 21

Shipment Contract

Answer 21

Assumed under UCC, when goods are given to the shipper the title passes, risk of loss is buyer at shipper, type of FOB

Question 22

Destination contract

Answer 22

When goods are tendered to a specific location, type of FOB, risk of loss is buyer at destination

Question 23

When does title pass if no delivery is required?

Answer 23

Title passes at time of K for identified goods, risk of loss is transferred when buyer takes possession