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...

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...

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)...
 
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,...

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)...
 
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)...
 
no, Negative terminology wasn’t sufficient to disclaim the warranty of title
12
st1\:*{behavior:url(#ieooui)...
 
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...

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
 

TC did not abuse discretion in admitting...

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)...
 
 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)...
 
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...

 
yes

-What is reasonable time for taking any action depends on...

24
Privity
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...

 
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...

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...

28

Risk of Loss:  No Breach

 ...

 
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...
 

Damages = highest price between receipt and notice

The...

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)...
 
No, this was notice and if it were, the Bank was incorrect b/c the mistakes were negligible.
33
fraud
st1\:*{behavior:url(#ieooui)...
 
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...

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...

 

-Yes, b/c in order to prevent one from being a bona fide holder in...

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...

 

No, Revocation of acceptance must show non-conformity substantially impairs...

39
st1\:*{behavior:url(#ieooui)...
 

yes, includes custom made good that are moveable.  They aren’t...

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)...
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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