Sales Law November 17, 2009 Winn. Sales Law November 17 Website updates – Amazon.com Certification – Earth Island Institute boycott of federal certification.

Slides:



Advertisements
Similar presentations
1. Parties have contractual capacity 2. Contract has legal purpose 3. Offer 4. Acceptance 5. Consideration 6. Statute of Frauds compliance.
Advertisements

Ownership and Risk of Loss in Sales
Title Risk and Insurable Interest Chapter 20. Sale v. Lease Does title pass under a typical lease contract? Legal title vs. equitable title. –What is.
Section 13.2.
Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears, click a blue triangle to move to the next slide.
© 2010 Pearson Education, Inc., publishing as Prentice-Hall 1 TITLE TO GOODS AND RISK OF LOSS © 2010 Pearson Education, Inc., publishing as Prentice-Hall.
© 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license.
P A R T P A R T Sales Formation & Terms Product Liability Performance of Sales Contracts Remedies for Breach of Sales Contracts 4 McGraw-Hill/Irwin Business.
Product Liability When goods cause injury, there is a question of product liability. There are three main issues related to product liability cases: –
© 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license.
© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Chapter 19 Performance of Sales and Lease Contracts Chapter 19 Performance.
Sales Contracts The Uniform Commercial Code
Sales Contracts The Uniform Commercial Code The Uniform Commercial Code Formation of Sales Contracts Formation of Sales Contracts Ownership and Risk Ownership.
Chapter 21 Warranties and Product Liability
Chapter 1: Legal Ethics 1. © 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use.
CHAPTER 19 WARRANTIES AND PRODUCT LIABILITY DAVIDSON, KNOWLES & FORSYTHE Business Law: Cases and Principles in the Legal Environment (8 th Ed.)
Legal and Taxation Aspects of your Small Business; I.Birt © 2007 Pearson Education Australia Legal and Taxation Aspects of Your Small Business 3 rd Edition.
Sales Law November 19, 2009 Winn. Sales Law November 19 Thursday 11/19 – Watch Monty Python Dead Parrot Sketch on Youtube and identify the UCC Article.
Foundations of Australian Law Fourth Edition Copyright © 2013 Tilde Publishing and Distribution Chapter 11 Sale of goods.
Essentials Of Business Law Chapter 14 Transfer Of Title McGraw-Hill/Irwin Copyright © 2007 The McGraw-Hill Companies, Inc. All rights reserved.
Essentials Of Business Law Chapter 16 Warranties McGraw-Hill/Irwin Copyright © 2007 The McGraw-Hill Companies, Inc. All rights reserved.
Copyright © 2009 by Pearson Prentice Hall. All rights reserved. PowerPoint Slides to Accompany CONTEMPORARY BUSINESS AND ONLINE COMMERCE LAW 6 th Edition.
Products Liability Tort Liability Negligence Strict Liability Restatement of Torts 402 A.
1 ANGLO-AMERICAN CONTRACTS LAW 英 美 契 约. 2 OVERVIEW Introduction Creation of contract Breach of contract Remedies Third parties.
25-1 Copyright © 2013 by The McGraw-Hill Companies, Inc. All rights reserved.McGraw-Hill/Irwin.
Chapter 10 CAPACITY. Incapacity Individuals in certain protected classes are legally incapable of incurring binding contractual obligations. Those persons.
Copyright © 2004 by Prentice-Hall. All rights reserved. PowerPoint Slides to Accompany BUSINESS LAW E-Commerce and Digital Law International Law and Ethics.
25-1 Chapter 19 Title to Goods and Risk of Loss. Identification of Goods and Passage of Title  Identification of goods: Distinguishing of the goods named.
Sales Law December 7, 2009 Winn. Sales Law December 8 Tuesday 12/8 – Teaching Evaluations (please bring laptops if possible) – Unofficial Survey on Teaching.
Ownership and Risk of Loss in Sales or Goods Ownership and Risk of Loss in Sales or Goods Section 13.1.
Property Ownership Chapter 10. Motor Vehicle Ownership Real Property – land and permanent attachments. Personal Property – Anything that is not permanently.
CONDITIONSANDWARRANTIES. STIPULATION STIPULATION A stipulation in a contract of sale with reference to goods which are the subject thereof may be a condition.
© 2004 West Legal Studies in Business A Division of Thomson Learning BUSINESS LAW Twomey Jennings 1 st Ed. Twomey & Jennings BUSINESS LAW Chapter 23 Legal.
Copyright © 2008 by West Legal Studies in Business A Division of Thomson Learning Chapter 24 Title and Risk of Loss Twomey Jennings Anderson’s Business.
CHAPTER 17 TITLE AND RISK OF LOSS DAVIDSON, KNOWLES & FORSYTHE Business Law: Cases and Principles in the Legal Environment (8 th Ed.)
© 2007 West Legal Studies in Business, A Division of Thomson Learning Chapter 15 Title and Risk of Loss.
WARRANTIES AND PRODUCTS LIABILITY. WARRANTIES under the UCC An assurance from seller that goods meet certain standards An assurance from seller that goods.
Differing & Unforeseen Conditions Differing Site Conditions- actual conditions differ from the representation made in the contract documents (MSP airport)
2-1 Copyright © 2014 McGraw-Hill Education (Australia) Pty Ltd PPTs to accompany Barron, Fundamentals of Business Law 7Rev This is the prescribed textbook.
Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright.
Business Law and the Regulation of Business Chapter 21: Transfer of Title and Risk of Loss By Richard A. Mann & Barry S. Roberts.
Express and Implied Warranties. What basic obligations do you presume the seller should take?  In a sale the seller is the party to provide goods. What.
THE LEGAL ENVIRONMENT TODAY, 8E ROGER LEROY MILLER / FRANK B. CROSS © 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated,
Copyright © 2010 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. and the Legal Environment, 10 th edition by Richard.
Copyright © 2010 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. and the Legal Environment, 10 th edition by Richard.
Ch. 7 Consumer Law and Contracts 7-1 Sales Contracts.
CHAPTER 18 SALE OF GOODS  2011 Thomson Reuters Legal & Regulatory Ltd. All Rights Reserved. PowerPoint  slides to accompany A Guide to Business Law,
Conditions and warranties. Introduction The law relating to sale and purchase of goods, prior to 1930 were dealt by the Indian Contract Act, In.
Commercial Law: The Uniform Commercial Code (UCC)
Chapter 11 Sales Law and Product Liability
CHAPTER 21 Warranties and Product Liability
Chapter 21: Title, Risk, and Insurable Interest
Protecting Consumers and Third Parties
CHAPTER 22 Warranties and Product Liability.
Chapter 18 Title and Risk of Loss
Chapter 19 Title and Risk of Loss
By Richard A. Mann & Barry S. Roberts
CHAPTER 21 Warranties and Product Liability
TITLE TO GOODS AND RISK OF LOSS
Sales Law November 16, 2009 Winn.
Chapter 25 PRODUCT LIABILITY: WARRANTIES AND TORTS
Chapter 9 Strict Liability and Product Liability.
Chapter 24 TITLE AND RISK OF LOSS
Sales Law November 3, 2009 Winn.
UCC Sales and Lease Contracts and Warranties
LAW Commercial Law Sale of Goods.
Performance of Sales and Lease Contracts
Chapter 26 OBLIGATIONS AND PERFORMANCE
Chapter 22 LEGAL ASPECTS OF SUPPLY CHAIN MANAGEMENT
Chapter 28: Obligations and Performance
Presentation transcript:

Sales Law November 17, 2009 Winn

Sales Law November 17 Website updates – Amazon.com Certification – Earth Island Institute boycott of federal certification mark – ISO 9000 Quiz Results – 11/17 revised reading assignments Tuesday 11/17 Class – More complete analysis of ISO 9000 problem – Problems through 3-10? Thursday 11/19 – Watch Monty Python Dead Parrot Sketch on Youtube and identify the UCC Article 2 issue – Finish Chapter 3 – Problems 4-1 and 4-2 – Introduction to Supply Chains handout

Conrad Consumer v. Speedy Quality Assurance If Speedy Quality Assurance was negligent in performing the certification – Nautical’s documents did not match Nautical’s processes – If Speedy Quality Assurance had met its duty of workmanlike services, it would have noticed and denied certification, and Wyndham would have terminated Nautical as a supplier And if the breach of duty caused the harm to Conrad Consumer – Bad manufacturing practice at Nautical caused manufacturing defect in float switch which caused malfunction, and – But there was no way inspection by Wyndham could have detected defect, and – Proper certification would have caused bad manufacturing practice to be noticed and corrected, eliminating the defect, and – Conrad had kept the boat clean as required and did not otherwise contribute to the problem Then Conrad might be able to recover damages from Speedy Quality Assurance

Void versus Voidable Title Good Title – Buyer cannot be forced by anyone to surrender goods due to superior claim of ownership – Warranty of good title implied in law, absolutely explicit disclaimer required, nothing less works Compare: basis of bargain must be disclaimed explicitly, cannot be disclaimed with general disclaimers Voidable Title – Buyer has superior title to everyone in the world except former owner Bought jewelry from jewelry shop but rightful owner only “entrusted” for repairs—only rightful owner can “avoid” the transfer to the buyer Minor child enters into an unenforceable contract selling an asset, has option to “affirm” contract upon majority or to “avoid” it and reclaim goods – If Buyer sells to “good faith purchaser for value” then GFP gets good title Void Title – Buyer has mere possession, must surrender goods under many circumstances Thief stole goods from rightful owner, police can always recover possession for rightful owner from buyer or buyer’s buyer, etc.