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BlawTest3Outline - III Contracts for sales and leases of...

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III. Contracts for sales and leases of goods CHAPTER 20 – The Formation of Sales and Lease Contracts A. "Goods" are tangible things that are movable at the time of their identification to the contract. 1. Sale of goods is covered by UCC Article 2. 2. Lease of goods is covered by UCC Article 2A. 3. "Mixed sale" is a sale of both goods and services. If the sale of goods is the predominant part of the transaction, then Article 2 applies. Hector vs Medical Center It is both the sale of goods and services. Hector went into the hospital to have a pacemaker installed. The pacemaker was defective which resulted in a lawsuit. Breach of warranty = Negligence is out the window. Approach was that the hospital was liable for the breach of warranty because hospital was selling the product. Hospital personnel run all the tests on the pacemaker before it is installed and the defect is not discovered. Predominant rule for the hospital is used for services. The hospital won because the plaintiff could not make the case that the hospital was negligent. B. Formation of a contract for the sale of goods 1. Offers a. Open terms Never agrees on a price. Buyer says I need 7500 new toys delivered and then buyer later gets invoice. b. Firm offers (review of UCC Sections 2-205 and 2A-205) Has a question on test 3 2. Acceptance a. Any reasonable manner or method of communication b. Battle of the forms (UCC Sec. 2-207) c. Who is a merchant? 3. Modification without consideration 4. Statute of Frauds (review of UCC Section 2-201) 5. Parol Evidence Rule
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CHAPTER 21 – Title, Risk, and Insurable Interest C. Identification and risk of loss Buyer is buying 475 furniture chairs from the seller.
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