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CONTRACTS APRIL NOTES

 

April 1, 1999

 

Important dates: no class April 22

April 19 - make up class B.110 11:15-12:30

April 26 - Extra class B.110 11:15-12:30

 

 

Needs to be some writing that indicates a contract has been made (2201). Has to be signed, has to at least have the quantity in the writing

 

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April 6, 1999

 

SECTIONS TO KNOW:

 

Article 2

 

Definitions/coverage

2102, 03, 04, 05, 07

 

Formation

2201, [2202], 04, 05, 06, 07, 08, 09

 

Terms

2302, 2308, 2313-2315, 2316, 2318

 

Performance

 

Remedies

 

Article I

1102, 1103, 1201, 1203, 1204, 1205

 

Express warranties - car salesman exercise

 

Factors to help decide between express warranty and puffing:

 

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April 8, 1999

 

Terms

Price

Quantity

Method/time of payment

Method/time of delivery

Quality terms ---------------à Warranties: express (2313); implied

(merchantability, fitness)

 

express warranty by sample or model (2313(1)(c))

 

If a modification is made immediately after the signing of a contract, it is debatable whether it is enforceable or not. Hard to know exactly where to draw the line.

 

Modifications are allowable without consideration as long as they are made with good faith. The party that has to have the good faith is the one who benefits by the modification (usually the one who suggested the modification)

 

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April 13, 1999

 

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April 15, 1999

 

More review of assignment 12 questions

 

Terms:

Quantity

Quality (warranties)

Title

Place / time of delivery

 

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April 26, 1999

 

When dealing with goods rejected check to see if wrongful, then if effective or not.

 

Can have an effective wrongful rejection.

 

Ways to recover:

 

1.

Price

 

2.

Formula for recovery of damages after rejection by buyer (§2706)

KP - RP + ID - ES

Contract price - retail price + incidental damages - expenses saved

 

3.

Formula for recovery (§2708)

KP - MP + ID - ES

Contract price - market price + incidental damages - expenses saved

 

4.

lost profits

 

Expenses saved

 

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April 27, 1999

A

Desk non-conforming

No delay =

Ineffective rejection (2602(1))=

Acceptance (2606(1)(B))

Therefore seller gets price

Possibly get damages (buyer)

(2709(1)(a))

 

B

Desk conforms

Timely but wrongful (wrongful because desk conformed) Rejection =

No acceptance (§2606)

Therefore seller does not get price. Seller gets damages (2706, 2708)

 

C

Desk conforms

Arguablly timely, but wrongful revocation

Do we treat like A or B?

 

Sat May 8 - review session - see ERES for more details

8:30 - 10:00am Bannon 137

 

Responsible for material beginning IV B 4 - pre-existing duty to the present

 

Will post on ERES a list of UCC and Restatement sections we should know for exam. DO not need to know comments.

 

Will be 2 or 3 essay questions.

 

No drafting questions.

 

2708(1) - difference between market price and contract price

difference between what seller resells for and contract price

 

2708: contract price - market price

 

2706: contract price - resale price

 

chart to remember seller and buyer remedies:

seller remedies Buyer remedies

2703 2711(1)

 

2706 resale 2712 (cover - buy something else and hold seller liable for cost)

2708(1) KP - MP 2713 MP - KP

2708(2) lost profits no equivalent

2710 incidental damages 2715(1) incidental damages

2209 Price (specific performance) 2716 buyer entitled to specific performance

no equivalent 2715 (2) consequential damages