The value of truth in a democratic society. The final paper is an opportunity for you to reflect on and synthesize what you have learned this semester. Throughout this course you have learned about basic principles of logic and argumentation, philosophical theories of truth and how it is established, and obstacles to critical thinking such […]
Author Archives: John
What should Barr be able to recover from S-2 Yachts and Crow’s Nest?
CASE PROBLEMS Technical Textile agreed by written contract to manufacture and sell 20,000 pounds of yarn to Jagger Brothers at a price of $2.15 per pound. After Technical had manufactured, delivered, and been paid for 3,723 pounds of yarn, Jagger Brothers by letter informed Technical that it was repudiating the contract and that it would […]
Should Calvin prevail in a lawsuit against Boone for breach of warranty to recover damages for the loss in value? Explain.
QUESTIONS Mae contracted to sell one thousand bushels of wheat to Lloyd at $5 per bushel. Just before Mae was to deliver the wheat, Lloyd notified her that he would not receive or accept the wheat. Mae sold the wheat for $4.60 per bushel, the market price, and later sued Lloyd for the difference of […]
Describe the basic types of contractual provisions affecting remedies and the limitations that the Uniform Commercial Code imposes upon those provisions.
CHAPTER 25 – Sales Remedies• Identify and explain the goods-oriented remedies of the seller and the buyer. • Identify and explain the obligation-oriented remedies of the seller and the buyer. • Identify and explain the money-oriented damages of the seller and the buyer. • Identify and explain the “specific performance” remedies of the seller and […]
What are the rights of Bird, if any, against Dentley, Young, and the Talent Company?
QUESTIONS At the advent of the social season, Aunt Lavinia purchased a hula skirt in Sadie’s dress shop. The salesclerk told her, “This superior garment will do things for a person.” Aunt Lavinia’s houseguest, her niece, Florabelle, asked and obtained her aunt’s permission to wear the skirt to a masquerade ball. In the midst of […]
List and explain the various defenses that may be successfully raised to a warranty action.
CHAPTER 24 – Products Liability: Warranties and Strict Liability in Tort• Identify and describe the types of warranties. • List and explain the various defenses that may be successfully raised to a warranty action. • Describe the elements of an action based on strict liability in tort. • List and explain the obstacles to an […]
What are the arguments that the risk of loss remained with Ninth Street?
CASE PROBLEMS Home Indemnity, an insurance company, paid one of its insureds after the theft of his car. The car reappeared in another State and was sold to Michael Schrier for $4,300 by a used car dealer. The dealer promised to give Mr. Schrier a certificate of title. One month later the car was seized […]
Explain how bulk transfers concern creditors and how the Uniform Commercial Code attempts to regulate such transfers.
C H A P T E R 23-Transfer of Title and Risk of Loss • Explain the relative importance of title under the common law and Article 2. • Explain when the seller has a right or power to transfer title and when the transfer is void or voidable. • Distinguish between a shipment contract […]
Explain when the buyer has the right to reject the goods and what obligations the buyer has upon rejection.
C H A P T E R 22 – Performance• Explain the requirements of tender of delivery with respect to time, manner, and place of delivery. • Explain the perfect tender rule and the three limitations on it. • Explain when the buyer has the right to reject the goods and what obligations the buyer […]
Can custom and trade usage be used to interpret an unambiguous contract? Discuss.
C A S E P R O B L E M S While adjusting a television antenna beside his mobile home and underneath a high-voltage electric transmission wire, Prince received an electric shock resulting in personal injury. He claims the high-voltage electric current jumped from the transmission wire to the antenna. The wire, which carried […]
