Exam 11: Domestic and International Sales

Unlike the UCC, the CISG governs:

Modern commercial law was largely invented by British judges and legal experts who worked for years in the 1840's to replace outdated legal rules that were blocking the development of commerce.

Every state, except Louisiana, has adopted Article 2 of the UCC.

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:

Under the UCC, oral testimony:

Under the UCC, the seller's basic obligation includes being concerned with:

A buyer and seller have been doing business for months without a formal contract. Every Monday, the seller delivers supplies to the buyer's business. Every Thursday, the buyer pays the invoice by mail. Is there a contract between the parties?

Under UCC Article 2, when there is a failure to respond to a writing signed by the other party:

In Griffith v. Clear Lakes Trout, Griffith grew trout for Clear Lakes; the parties got into a dispute over what were "market size" trout, as Clear Lakes wanted larger fish. The court held that:

If the buyer relies on the seller's skill or judgment to select the goods for that purpose, an implied warranty ____ is created.

Under the common law, a contract cannot be formed until an offer is clearly accepted. Under UCC Article 2:

In Crest Ridge Construction v. Newcourt, where an order for construction materials that Crest Ridge needed was rejected for failure to meet credit terms, and Crest Ridge had to find a higher-cost replacement and sued Newcourt for damages, the appeals court held that:

The UCC's definition of "conspicuous" for a disclaimer is that the disclaimer is:

Under the UCC, parol evidence may be admitted to clarify customary trade practices.

If goods do not conform to the standards created by the warranty:

A buyer ordered custom made equipment. The delivery date was not set, but the seller promised to do the job in a reasonable time. When the equipment was not ready when the buyer hoped, the buyer cancelled the order. The seller demanded payment. You would expect the court to hold that:

Suppose two parties to a contract that is under the UCC decide to make a significant change in the contract, obligating the seller to provide more goods. When the terms of the contract change, it requires:

A contract can exist under the UCC even if some terms are changed or added by the offeree.

Article 2 uses the common law rule of each state to determine when an offer has been accepted to form a contract.

In Griffith v. Clear Lakes Trout, where a dispute arose over "market size" trout, the court held that the buyer (Clear Lakes) had the right to expect the seller to grow the trout to a larger size than he had been doing.