UCC Cases Flash Cards

41 cards

Cases for quiz


 
  
Created Apr 3, 2011
by
ahollyoak

 

 
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1
Milau Associates, Inc. v. North Avenue Development Corp Does Article 2 apply?
 
no, the service aspect of the transaction predominates the transaction.  Here the...
2
Analysts Intern Corp. v. Recycled Paper Products
Is computer program a good or service?
 
Good,  when someone is hired to create a custom product, they are still creating a good...
3
Anthony Pools v. Sheehan Does Article 2 apply?  What is an alternative to the predominate...
 
Article 2 applies.  Court used the Gravamen test gravamen test – allows court to...
4
Siemen v. Alden  Can the non-merchant seller of the saw be held liable under fit...
 
No, although it wasn't necessary for the seller to be a merchant, the buyer did not rely on...
5
Statute of Frauds
st1\:*{behavior:url(#ieooui) } St. Ansgar Mills, Inc....
 
No, the jury determines whether or not seller gave notice confirming the contract in a reasonable...
6
Columbia Nitrogen Corp. v. Royster Should the TC have excluded evidence of use of trade...
 
No, Evidence of the course of dealing and use of trade is admissible, unless the contract...
7
Battle of the Forms
Diamond Fruit v. Krack
- Krack's purchase order said one thing...
 
No, b/c Krack’s conduct did not indicate unequivocally that Krack intended to assent to...
8
st1\:*{behavior:url(#ieooui) } Bayway Refining Co. v. OMT - seller's form included...
 
yes, – The additional term is included in the K unless the term is a material alteration...
9
Leonard Pevar Co. v. Evans - after a phone discussion which Pevar claims was an oral...
 
conduct of the parties may recognize the existence of a contract, despite the previous failure...
10
Klocek v. Gateway K buys computer.  The box includes terms and conditions that...
 
No, Klocek is not a merchant --> additional terms are proposals for addition to the K that...
11
st1\:*{behavior:url(#ieooui) } Moore v. Pro Team Corvette Sales, Inc st1\:*{behavior:url(#ieooui)...
 
no, Negative terminology wasn’t sufficient to disclaim the warranty of title
12
st1\:*{behavior:url(#ieooui) } Shaffer v. Victoria Station, Inc. Shaffer ordered...
 
Yes, packaging is part of the good.  the fact that the restaurant was not negligent is...
13
Ferragamo v. MBTA- MBTA sells toxic car to Ferragamo and his brother dies.  Breach...
 
The MBTA designed, modified and sells it cars.  They are merchant.  Even if the...
14
Back v. The Wikes Corp college students die after accident in motor home. Despite the...
 
No, such an instruction fails to inform the jury as to whether the defendant has warranted...
15
Daniell v. Ford Motor Co. P sues Ford after being locked in her trunk for 9 days (a...
 
No, 2-314 use of trunk was extraordinary, 2-315 she didn’t search out the car for a particular...
16
Webster v. Blue Ship Tea Room, Inc.  Webster got a fish bone stuck in her throat from...
 
The SJC applies a reasonable expectation test. She should have expected to encounter a fish...
17
Warranty Disclaimers and Limitations
Bell Sports, Inc. v. Yarusso st1\:*{behavior:url(#ieooui)...
 
TC did not abuse discretion in admitting expert and nor in submitting issues re: breach...
18
Disclaiming Implied Warranties
Cate v. Dover Corp. - st1\:*{behavior:url(#ieooui)...
 
no, st1\:*{behavior:url(#ieooui) }
19
Bowdoin v. Showell Growers, Inc - Bowdoin (buyer) was pulled into sprayer (sold by Retailer...
 
No,
  • post...
20
Rinaldi v. Iomega Corp - zip drives are defective and cause damage to files. ...
 
yes, it was more practical for the contract to be in the packaging.
21
Limitations on the Warranty
st1\:*{behavior:url(#ieooui) } Wilson...
 
 no, 2-207 provides that buyer who accepts goods has a reasonable time after he discovers...
22
Pierce v. Catalina Yachts, Inc - st1\:*{behavior:url(#ieooui) } Catalina...
 
Yes.  The court found that Catalina acted in bad faith by refusing to fix the problem. ...
23
Defenses in Warranty Actions
Fitl v. Strek - Fitl bought a baseball card...
 
yes
-What is reasonable time for taking any action depends on the nature, purpose and...
24
Privity
st1\:*{behavior:url(#ieooui) } Reed v. City of Chicago - st1\:*{behavior:url(#ieooui)...
 
yes, Any warranty regarding the gown would have little effect if the warranty does not protect...
25
East River Steamship Corp. v. Transamerica Delavel, Inc - Steamship Corp.(buyer)...
 
no,
  • majority rule: tort...
26
Warranties and Article 2A
Colonial Pacific Leasing Corp. v. McNatt Datronic Rental...
 
(1) any fraud by supplier's employees could not be imputed to lessor or assignees; (2)...
27
Landrum v. Devenport Landrum, through his son, contracted (maybe) to buy a car from...
 
-the court could have determined that the parties agreed to the sticker price and the...
28
Risk of Loss:  No Breach   A.  Delivery Terms
Cook Specialty...
 
MSI,  Seller must see to any arrangements reasonable in the circumstances. The case...
29
Rheinberg-Kellerei GmbH v. Vineyard Wine Co. P sends wine to D w/o deciding on port...
 
P, seller, 2-509(1)(a) risk of loss in absence of breach – (1)  Where the K requires...
30
Documents of Title Procter & Gamble Dist. Co. v. Lawrence American...
 
Damages = highest price between receipt and noticeThe court looks at the price of soybean...
31
Dunfee v. Blue Rock Van & Storage, Inc Bailor sued bailee in negligence for loss...
 
The warehouse pays $1,000 and the rest is paid by the insurance company
32
st1\:*{behavior:url(#ieooui) } Letters of Credit   1.  The...
 
No, this was notice and if it were, the Bank was incorrect b/c the mistakes were negligible. Doesn’t...
33
fraud
st1\:*{behavior:url(#ieooui) } Sztejn v. J. Henry Schroder Bank Corp....
 
Efficiency is a policy concern.  When there are other issues with the contract between...
34
Intrinsic Values Corp. v. Superindencia De Administracion Tributaria p. 744 - Guatemalan tax...
 
(1) honoring a presentation of letters of credit by provider would facilitate a material...
35
Performance of the Contract             ...
 
No, In order to be negotiable, a promissory note must be a signed, unconditional promise to...
36
Sullivan v. United Dealers Corp. p. 371 – Sullivans execute a promissory not...
 
-Yes, b/c in order to prevent one from being a bona fide holder in due course, the holder...
37
Wilson v. Scampoli buyers purchase a color tv. The TV is delivered and it has a red tint....
 
no, This was typical of color tvs at this time. The seller would have reasonable grounds to...
38
Ramirez v. Autosport p. 219 – Ramirez wants to buy a new camper.  The sales...
 
No, Revocation of acceptance must show non-conformity substantially impairs value, but the court...
39
st1\:*{behavior:url(#ieooui) } Plateq Corp. of North Haven v. Machlett Laboratories, Inc....
 
yes, includes custom made good that are moveable.  They aren’t going to become...
40
Waddell v. L.V.R.V. Inc. p. 232 – the buyer has the RV for 18month, 7 of which it...
 
yes, st1\:*{behavior:url(#ieooui) } The court decides to toll the time during which...
41
Cherwell-Ralli, Inc. v. Rytman Grain Co. -  P sues D for non-payment. D counters that...
 
No, If there is a reasonable doubt about whether the buyer's default is substantial, the seller...


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