Exam 11: Domestic and International Sales

If a country has adopted the United Nations' Convention on the Recognition and Enforcement of Foreign Arbitrable Awards then:

The U.N., which sponsored the CISG, discourages the use of arbitration of disputes that occur under the CISG. The parties must choose the courts of one of the parties to the contract.

The Convention on the International Sale of Goods (CISG):

Andrea offered to buy apricots from Aramos. The offer was for 10 tons at $1.20 per pound to be transported to Andrea's warehouse in Aramos trucks. Aramos accepted the offer, but said that the goods would be transported in Andrea's trucks. A dispute later arose and Aramos refused to sell the apricots, asserting that no contract existed. If Aramos sues, it:

The sale of ships and aircraft are excluded from coverage by the CISG.

In Kramer v. ATW Axtell Tech, where Kramer bought Internet service equipment from ATW that did not work as well as advertised, the courts held that the award of lost profits was not justified under the UCC definitions governing that.

In Kramer v. ATW Axtell Tech, where Kramer bought Internet service equipment from ATW that did not work as well as advertised, the courts held that the award of "cover" expenses was not justified since all equipment "was off the shelf."

Under the UCC a buyer who receives good that are nonconforming:

Parties to the sale of some goods may control, by contract, when title to the goods is to pass.

Under Article 2, a warranty of title is assumed when an innocent buyer purchases stolen goods from a seller.

Commercial sales contracts that use the CISG:

A computer store that one of HJ's friends owned went broke. HJ bought some disk drives from the friend. HJ sold the equipment. Some buyers are mad because the equipment has problems. HJ told them no refunds. If buyers sue him based on the UCC, they are likely to:

In contrast to the common law of contracts, a merchant's firm offer under Article 2 may be revoked within a reasonable time without consideration and is irrevocable with consideration for a period not to exceed 3 months.

Which of the following is a contract most likely to fall under UCC Article 2:

Comparing the UCC to the CISG, when it comes to giving judges authority to fill in terms that are not complete in a contract:

Incidental damages include all reasonable costs or expenses associated with the delay in receiving goods from a breaching seller.

Under Article 2, a sale occurs when there is a passing of title from the seller to the buyer for a price.

In a sale under the UCC, title to goods passes when the goods:

____ is a valid and sufficient offer of performance under a contract.

Consequential damages differ from incidental damages in that consequential damages result from the buyer's relations with parties other than the seller.