Sales and Leases - A Problem-based Approach, 2016a

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14.6.2. An effective retraction reinstates the repudiating party’s rights under the contract (although the non-breaching party may sue for any damages caused by any delay occasioned by the repudiation). Section 2-611(3). 14.6.3. Retraction may be by any reasonable method which clearly indicates that the repudiating party intends to materially perform. If the non-breaching party has made a justified demand for adequate assurance, the retraction must include adequate assurance. Section 2-611(2). Problem 14-10. The Downtown Bar orders a specially manufactured machine from Specialty Manufacturing to chip ice, to be used in its famous recipe for mint juleps. The order is placed in January, with delivery specified by May 1, so that it will be in place prior to the Kentucky Derby. On March 1, Specialty Manufacturing writes to the Downtown Bar, stating that because of labor problems at its plant, it will not be able to deliver the machinery by May 1. The Downtown Bar starts looking for a replacement machine, but not certain if it will be able to find a replacement, it doesn’t say anything to Specialty Manufacturing yet. On March 7, Specialty Manufacturing writes to the Downtown Bar that the labor problems are over, and it will be able to deliver by May 1. A few days after receiving this second letter, the Downtown Bar finds a company willing to manufacture the machine. Can the Downtown Bar cancel the contract now? Why or why not? Would your answer change if prior to receiving the second letter from Specialty Manufacturing (but still without having said anything directly to Specialty Manufacturing), the Downtown Bar entered into a contract with a new manufacturing company and paid $1,000 down for the replacement machine? 14.7. Seller’s Right of Reclamation. If a seller ships goods to a buyer on credit and then discovers that the buyer is unlikely to be able to pay, it is too late for the seller to suspend performance and demand assurances. But under § 2-702, the seller may have a right to reclaim the goods. The seller has the right only if the buyer is insolvent, a term defined at § 1-201(b)(23). The seller’s right is subordinate to the rights of a good faith purchaser, which includes a secured creditor. For example, The Bank has a perfected security interest in Retailer’s inventory. Seller sells goods on credit to Retailer and the goods are inventory in the hands of Retailer. Retailer was insolvent during this time and then goes bankrupt within 10 days of delivery of the goods. Seller has a right of reclamation as against Retailer, but The Bank’s security interest in the goods has priority over Seller’s claim. 207
Chapter 14 Additional Sources Scott J. Burnham, Glannon Guide to Sales: Learning Sales Through Multiple-Choice Questions and Analysis (Wolters Kluwer 2d ed., 2012), Chapter 15 James J. White and Robert S. Summers, Uniform Commercial Code (West 6th ed., 2010), Chapter 6-2 208
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SALES AND LEASES: A Problem-based A
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About CALI eLangdell Press The Cent
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Table of Contents About the Authors
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5.1. Statute of Frauds - the Genera
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8.3.4. Remote Sellers under UCC §
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12.3. Qualifications to the Perfect
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16.4. Buyer’s Remedy of “Cover.
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Chapter 1. Introduction to the Unif
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asserted in the Code itself (see [
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(4) The requirement in § 2-511 tha
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unfair that a court refuses enforce
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(1) What factors should the consume
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Problem 1-8. Number from 1 through
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Was the court correct to distinguis
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Chapter 2. Introduction to UCC Arti
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the sale of goods, such as the stat
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714 (Mich. App. 1981) (court held t
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Advent filed a complaint in the dis
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That a computer program may be copy
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and available in the marketplace.
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having knowledge or skill peculiar
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2.4.5.2. Section 2-207(2) regarding
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Chapter 3. Formation of a Contract
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3.2.4.2. Quantity. Section § 2-204
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common law). The provision probably
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3.3.5.3. Section 2-206(1)(b) provid
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Commercial Code. Whether there are
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Case Notes: 1. Although UCC § 2-20
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a website and a little box pops up
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4.2.1. Section 2-207(1) requires a
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4.3. Second Step: Look for Language
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(2) the additional term materially
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522 U.S. 808 (1997) (arbitration pr
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eached orally . . . and is followed
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Terms. Accord Brown Machine, 770 S.
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Section 2-207(2) is silent on the t
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the approach. On the contrary, at l
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offered terms. And if there is nego
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Problem 5-1. Would the following co
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noted a 10 per cent discount on the
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All that is required is that the wr
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We do not mean to [imply] that term
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Problem 5-3. On July 10, 2014, Jack
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A more difficult question is whethe
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Chapter 6. Warranties Implied by La
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6.3.1 If a buyer provides specifica
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particular model of toaster would b
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etween the chowder and crackers whi
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unwholesomeness of the food itself,
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extent beyond that which would be c
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One of the purchasers asks for Joan
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Chapter 7. Express Warranties and W
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5. A picture of a watch with a face
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sorghum seed, but it didn’t grow.
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gets home. When the DVR breaks ten
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7.3.1.5.1. In any event, Home Appli
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merchantability is extended to thos
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court's reason for abolishing the p
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(e) in sales of any seed for planti
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the surrounding text of the same si
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does not claim title in himself (su
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(b) the purchase by a celebrity of
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Problem 8-9. Read § 108. What, if
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8.3.3. Alternatives. After receivin
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8.3.3.1. Under Alternative A, famil
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Problem 8-14. Jump High Inc. manufa
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of a consistent additional term to
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BUTZNER, Circuit Judge …. Columbi
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whether the buyer has in fact defau
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Problem 9-3. Betty owns a building
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Id. at 644. defendant for the lira,
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clauses such as this one are strong
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(1) Can the parties agree on a deli
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(2) Does your answer to the precedi
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Chapter 10. Delivery Terms and Titl
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10.1.2.3.2. So where do we go for g
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10.1.4. Common Carrier Contracts. W
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Rheinberg-Kellerei GMBH v. Vineyard
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Ted asks Outdoor Sporting Goods to
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10.2.2. Transferor’s Title. Secti
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levied on the car on behalf of Butl
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Id. at 266. contends its ownership
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Hollis v. Chamberlin, 419 S.W.2d 11
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Chapter 11. Impracticability (Excus
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11.3. Failure of Basic Assumption.
Page 172 and 173: (4) the promisor seasonably notifie
Page 174 and 175: [The court also rejected Bobby Murr
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Page 178 and 179: Transatlantic Financing Corp. v. Un
Page 180 and 181: 4. See Lee Russ, Annotation, Imprac
Page 182 and 183: The facts are that the parties ente
Page 184 and 185: Watson Labs., Inc. v. Rhone-Poulenc
Page 186 and 187: preclude performance under the cont
Page 188 and 189: 2. RPR's express obligation under P
Page 190 and 191: 12.3.1. Section 2-602 sets out rule
Page 192 and 193: delivery or tender. It is ineffecti
Page 194 and 195: easonable time for rejection, U.C.C
Page 196 and 197: nor refused the offer. No mention w
Page 198 and 199: uyer can reject the entire contract
Page 200 and 201: 12.7.2. Under § 2-602(2)(b), if th
Page 202 and 203: Chapter 13. Acceptance; Revocation
Page 204 and 205: 13.2.4. After acceptance, the burde
Page 206 and 207: 13.3.2.2. Another important factor
Page 208 and 209: attempted repairs sufficient to kee
Page 210 and 211: miles after revocation was found to
Page 212 and 213: Problem 13-4. Whoopie Cereals purch
Page 214 and 215: Problem 14-3. Sally has agreed to p
Page 216 and 217: constitute reasonable grounds which
Page 218 and 219: On May 1, 1969, AMF met with McDona
Page 220 and 221: Case Notes: 1. When did someone fir
Page 224 and 225: Chapter 15. Common Law Remedy Princ
Page 226 and 227: end that the aggrieved party may be
Page 228 and 229: 15.1.4.4. The terms “general dama
Page 230 and 231: in certain circumstances, the right
Page 232 and 233: Problem 15-11. Dollar Store decides
Page 234 and 235: everse. Kenco buys mobile homes fro
Page 236 and 237: esell them on the open market; subs
Page 238 and 239: Chapter 16. Buyer Remedies under th
Page 240 and 241: Schroeder v. Barth, Inc. 969 F.2d 4
Page 242 and 243: e.g., Indiana Ins. Co. v. Plummer P
Page 244 and 245: a condition precedent to any recove
Page 246 and 247: the manufacturer under the particul
Page 248 and 249: ottles of wine instead of 12 bottle
Page 250 and 251: "We first turn our attention to the
Page 252 and 253: severe loss. Therefore, the actual
Page 254 and 255: At first blush, the result reached
Page 256 and 257: Chapter 17. Limitation of Remedies
Page 258 and 259: April and October, while almost not
Page 260 and 261: Pa. Super. 470, 473, 168 A.2d 750,
Page 262 and 263: California Civil Code § 1671. Vali
Page 264 and 265: Problem 17-7. An 18-year old high s
Page 266 and 267: In May, 1976, plaintiff LeVon Schle
Page 268 and 269: limitations governing the elected t
Page 270 and 271: 18.4. Suits against Manufacturers a
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Spanierman prepared an invoice that
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exception, the warranty explicitly
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state a specific time period, such
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opinions from other jurisdictions a
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and the tailor says, “I’m kind
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Section 9-406.” The problem is th
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elevant to this appeal. First, each
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its intellectual property and trade
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“[t]o reveal the intent necessary
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University of Michigan. At the same
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20.3. Lease or Security Interest? S
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2. You cannot cancel the lease duri
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lessee acquires ownership, and that
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Note that incidental damages under
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