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Sales and Leases What Matters and Why

ISBN-10: 0735569967
ISBN-13: 9780735569966
Edition: 2008 (Student Manual, Study Guide, etc.)
Authors: Bryan D. Hull
List price: $44.95 Buy it from $3.62 Rent it from $19.41
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Description: With clear writing, hard-working pedagogy, and a wealth of visual aids, this surprisingly concise study guide emphasizes the essential components of the law, illustrating how the pieces fit together-and why.

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Book details

List price: $44.95
Copyright year: 2008
Publisher: Wolters Kluwer Law & Business
Publication date: 8/27/2008
Binding: Paperback
Pages: 229
Size: 7.00" wide x 9.50" long x 0.50" tall
Weight: 0.990
Language: English

With clear writing, hard-working pedagogy, and a wealth of visual aids, this surprisingly concise study guide emphasizes the essential components of the law, illustrating how the pieces fit together-and why.

Preface
Acknowledgments
Introduction
Sales and Leases of Goods
The Law Applicable to Domestic Sales and Lease Transactions
The Law Applicable to International Sales
The Structure of This Book
Is the Transaction a Sale of Goods Transaction?
"Goods" and "Sale" Defined
Sales Involving Merchants and Non-Merchants
Mixed Goods/Services Contracts and Sales of Businesses
The "Predominant Purpose" Approach
The "Gravamen" Approach
Mixed Goods/Real Estate Transactions
Software Transactions and the Use of Article 2 by Analogy
International Sales
Contract Formation
Basic Formational Rules
Formal Requirements-Must the Contract Be Evidenced by a Writing?
"Offer" and the "Firm Offer Rule"
The Acceptance
The "Battle of the Forms"
The Writings Form a Contract
Identify the Offer
Identify the Acceptance
What Happens to the Additional or Different Terms in the Acceptance?
The Parties Informally Contract and Follow with Confirmations
The Writings of the Parties Do Not Form a Contract, But a Contract Is Formed by Performance
The "Rolling Contract" Approach, or "Money Now, Terms Later"
Modifications
No Consideration Required
Formal Requirements for Modification
Differences in CISG Approach to Contract Formation
Definition and Revocation of Offers
Acceptances Are Generally Effective on Receipt
CISG Approach to the "Battle of the Forms"
Generally, No Writings Are Required Under the CISG
Terms of the Contract-Warranties
The Warranty of Title
UCC Treatment
CISG Treatment
Warranties of Quality
Express Warranties
The Implied Warranty of Merchantability
The Implied Warranty of Fitness for a Particular Purpose
Warranty Disclaimers
Privity Issues
The Magnuson-Moss Warranty Act and State Consumer Protection Law
Other Contract Terms, Interpretation, and Unconscionability
Components of the Agreement
Risk of Loss
Cases in Which No Shipment Is Involved
Cases in Which Goods Are to Be Shipped
Risk of Loss-Breach
Gap Fillers
Open Price Term
Output and Requirements Contracts
Provisions Dealing with Delivery and Payment
Contract Interpretation and the Parol Evidence Rule
CISG Rules of Interpretation
General Rules of Contract Intepretation and Construction
Parol Evidence Rule Analysis Under the UCC
Evidence of Prior Written or Oral Agreements and Contemporaneous Oral Agreements that Contradict the Final Written Contract
Evidence of Prior Written or Oral Agreements and Contemporaneous Oral Agreements that Are Consistent with the Written Contract
Evidence of Course of Performance, Course of Dealing, and Usage of Trade
Parol Evidence Rule Exceptions
The CISG Approach to Parol Evidence
Unconscionability
Performance, Breach, and Excuse
Prospective Non-Performance: Repudiation and Insecurity
Repudiation
Insecurity and Demand for Adequate Assurance
Repudiation and Insecurity Under the CISG
Passage of Title from Seller to Buyer
Title and the UCC
UCC Rules Regarding Voidable Title and Entrustment
Title in Cases Covered by the CISG
Performance and Breach Under the UCC
Non-Installment Sales
Acceptance and Rejection of Goods
Revocation of Acceptance
Example of Zabriskie Chevrolet
Use of Goods After Rejection or Revocation of Acceptance
Installment Sales
Rejection of Installments
Cancellation of the Entire Contract
Example of Cherwell-Ralli, Inc. v. Rytman Grain Co., Inc.
Seller's Ability to Limit Buyer's Right to Reject or Revoke and to Recover Consequential Damages
Limits on Rights to Reject or Revoke
Limits on Buyer's Rights to Recover Consequential Damages
Performance and Breach Under the CISG
The Definition of "Fundamental Breach"
The Example of Delchi Carrier SpA v. Rotorex
The Foreseeability Requirement for Fundamental Breach
The Concept of Nachfrist, or Extension, Notices
Excuse from Performance-Impracticability and Frustration of Purpose
Impracticability
Frustration of Purpose
CISG Excuse from Performance on the Basis of "Impediment"
Buyer's Remedies
Under the UCC
Goods Not Accepted
Cover
Contract/Market Differential-Buyer Does Not Cover
Specific Performance, Replevin, and Right to Claim Identified Goods
Accepted Goods
Notice Requirement
Measurement of Damages
Availability of Tort Remedies
Buyer's Remedies Under the CISG
Specific Performance
Price Reduction
Damages
The Statute of Limitations
Seller's Remedies
Seller's Remedies Under the UCC
Goods Not Delivered Due to Buyer's Breach and Goods Wrongfully Rejected
Right to Refuse Delivery
Seller's Resale Remedy
Seller's Contract/Market Formula
Lost Profits
Action for the Price
Goods Delivered
Reclamation of Goods
Action for Price
Liquidated Damages and Breaching Buyer's Right to Restitution
Liquidated Damages
The Breaching Buyer's Right to Restitution
Seller's Remedies Under the CISG
Specific Performance
Damages
Interest on Sums Owed
Liquidated Damages
Third Parties Involved in the Sales Transaction
The Letter of Credit Transaction
Bank Obligations Under Letters of Credit
Has a Letter of Credit Been Issued?
Has the Documentary Presentation Complied with the Terms of the Letter of Credit?
The "Strict Compliance" Rule
The Statutory Right of Reimbursement and Liability for Wrongful Honor or Dishonor
The Independence Principle of Letters of Credit
Fraud
"Material Fraud" Requirement
Protection of Parties that Accept or Pay Drafts Drawn Under Letters of Credit in Good Faith
Bank Collection of Documentary Drafts
Obligations of Carriers
Misdelivery
Damage to Goods and Delays in Delivery
Obligations of Warehouse Operators
Warehouse Receipts
To Whom Should the Warehouse Operator Deliver the Goods?
Warehouse Operator Liability for Misdescription of Goods on Warehouse Receipt
Leases of Goods
Governing Law
Is the Transaction a Lease or a Sale?
The Conditional Sale
Factors in Determining Whether a Transaction Is a Lease or Conditional Sale
Consequences of Determining that Transaction Is Sale Rather than Lease
Is the Lease a "Finance Lease"?
Rights of the Lessee in the Goods
Performance, Breach, and Remedies Under a Lease Contract
Lessee's Right to Reject or Revoke Acceptance
Lessor's Right to Cancel, Withhold Delivery, and Repossess
Damage Recovery for Injured Lessors and Lessees
Actions for Rent and Specific Performance
Table of Statutes
Index

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