BL-Chapter 20 - 1 CHAPTER 20 REMEDIES FOR BREACH OF SALES...

Info iconThis preview shows pages 1–4. Sign up to view the full content.

View Full Document Right Arrow Icon
CHAPTER 20 REMEDIES FOR BREACH OF SALES AND LEASE CONTRACTS Parties’ Obligations Seller/lessor must transfer and deliver conforming goods. Buyer/lessee must accept and pay for goods. Upon breach, non-breaching party entitled to various pre-litigation and litigation remedies Give non-breaching party benefit of full performance. Seller’s and Lessor’s Performance Tender of Delivery Transfer or delivery of goods to buyer/lessee in accordance with contract. Requires the Seller to provide : Conforming goods to be put aside and held for buyer/lessee. Notification be made to buyer/lessee to enable delivery of goods -Single delivery unless otherwise noted. -If the goods are rightfully delivered in lots, the payment must be apportioned for each lot -Payment due upon delivery unless otherwise noted. -The parties may agree as to the time, place, and manner of delivery, but if no such arrangement has been made then tender must be at a reasonable hour, and the goods must be kept available for a reasonable period of time 1
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Place of Delivery Contract usually states place and time of delivery. Noncarrier Cases If contract silent, place is seller/lessor’s place of business. If no place of business, seller/lessor’s residence. If parties have knowledge at the time of contracting that identified goods are located in some other place, that place is the place of delivery Goods to be delivered without being moved , delivery occurs when: Seller tenders negotiable document of title , or Bailee acknowledges buyer’s right of possession, or Seller tenders nonnegotiable document of title or written direction to bailee to deliver goods to buyer. Goods sold are sometimes in possession of a bailee (ex. warehouse) -If the goods are to be delivered to the buyer without the seller moving them, the risk of loss passes to the buyer when: 1. Buyer receives negotiable document of title (ex. warehouse receipt) 2. Bailee acknowledges buyer’s right to possession, or 3. Buyer receives a nonnegotiable document of title and has reasonable time to demand goods. -If the bailee refuses to honor the document or direction, the risk of loss remains on the seller 2
Background image of page 2
Shipment Contracts Requires the seller to ship the goods to the buyer, but to a specifically named destination Seller must put goods in carrier’s possession and contract for the proper and safe delivery. Obtain and deliver all documents necessary for buyer to obtain possession and that are required by the sales contract as well as required by usage of trade Promptly notify buyer of shipment. Buyer may reject the goods if a material delay or loss is caused by the seller’s failure to make a proper contract for the shipment of goods or properly notify the buyer of the shipment Ex. A shipment that contains perishable goods and the seller fails to ship it in a fridge Destination Contracts Requires delivery to buyer’s location or other destination. Delivery must be made at reasonable time and in reasonable manner and with
Background image of page 3

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 4
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 04/21/2011 for the course BUS LAW 320 taught by Professor Soos during the Spring '10 term at Rutgers.

Page1 / 18

BL-Chapter 20 - 1 CHAPTER 20 REMEDIES FOR BREACH OF SALES...

This preview shows document pages 1 - 4. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online