Exam 22: Legal Aspects of Supply Chain Management

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When consigned goods are sold by a factor:

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If a warehouse receipt provides for the delivery of the goods "to the bearer," the receipt may be negotiated by transfer of the document.

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Hal was a merchant who deposited 2,000 barrels of olive oil in a public warehouse operated by Welcome Warehouse.Hal was issued a warehouse receipt for the 2,000 barrels that by its terms was deliverable "to bearer." Hal had engaged in many other transactions with Welcome and was in arrears for quite a bit of money to Welcome.Hal duly negotiated the warehouse receipt to Esmeralda Enterprises in payment of cash.Hal's financial affairs continued to deteriorate and Welcome never was paid the debt.When Esmeralda's agent requested the oil and offered to remit the warehouse receipt,Welcome refused to release the oil,claiming a lien on the oil for Hal's debt.Esmeralda sued.Decide the case.

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The rights and duties of warehousers are regulated by the UCC.

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A factor is a consignee.

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A carrier owned and operated by the shipper is:

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General contract law determines whether a limitation clause is a part of the contract between the warehouser and the customer.

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The purchase of a warehouse receipt by due negotiation eliminates all prior claims.

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The Willett Seed Company stored its goods with the Augusta Warehouse Company and received a negotiable warehouse receipt.The Willett Seed Company then borrowed money from the Georgia Railroad Bank and pledged the warehouse receipt as security.The seed company defaulted,and the bank demanded the goods from the warehouse.The warehouse stated that it already had delivered the goods to the seed company on the strength of that company's promise that it would surrender the receipt shortly thereafter.The bank sued the warehouse for the value of the goods.Will the bank win?

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The rights of a transferee of a negotiable bill of lading are defeated if the goods have been stopped in transit.

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A common carrier of goods has the right to:

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A contract carrier holds itself out as willing to furnish transportation for compensation without discrimination to all members of the public who apply.

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The common law rights and duties of a warehouser,in the absence of modifying statutes,are for the most part those of a bailee in:

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