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In each case that follows, you be the judge.25. Title and Risk of LossClouser agreed to buy a boat from Roger and Sharon Russell, owners of Performance Marine,for $8,500. Clouser made an initial payment of $1,700 and agreed to pay the balance at delivery.Performance Marine was to replace the boat’s engine and drive train before Clouser tookdelivery. No documents of title were to be delivered by the seller. While Performance Marinewas testing the boat, it hit a seawall and was completely destroyed. Who had title to the boat atthe time of the accident? Who had the risk of loss? Explain your answer.Russell v. Transamerica Ins. Co., 322 N.W.2d 178 (MI).26. AuctionsColeman bid $2,050 for a D-7 tractor at a public auction. It was not stated that the auctionwas with reserve. The auctioneer yelled, “Sold,” accepting Coleman's bid. Later, the owner ofthe tractor refused to sell it for $2,050, saying that the auction was with reserve and that hecould refuse to accept the bid. Did the owner have to sell the tractor to Coleman for $2,050?Why or why not?Coleman v. Duncan, 540 S.W.2d 935 (MO).Ethics and TechnologyTodd’s classmates bully him at school. As a result,Todd decides to create a Web site on which he poststhe names and addresses of each of the bullies; healso includes derogatory remarks about each ofthem. When Todd’s classmates discover the site,many complain that they have a right not to bementioned, that their addresses are private, and thathis comments constitute defamation.Connect27. Research the ethical implications of legislationresulting from the use of current technology.Can you find any legislation that addresses theethical issues in this case? If yes, what arethese laws, and how would they apply?28. Develop procedural guidelines forimplementing appropriate legislation. What aresome of the steps that companies, agencies,and others can follow to make sure that theyand their employees are obeying the law?29. Predict What problems might exist if theUCC were not a single uniform codethroughout the United States?30. Connect Have you ever ordered anythingthrough a catalog, a television-shoppingnetwork, or over the Internet? How werethe goods shipped to you?31. Question Do you think it is fair for abuyer to refuse to accept goods afterordering them? Why or why not?32. Respond There are only a few laws inplace to protect consumers who buyonline. If you were a lawmaker, whatlaws would you write for the world ofe-commerce?Chapter 13: Contracts for the Sale and Lease of Goods 291

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