Chapter 19 Notes

Chapter 19 Notes - Ch. 19 Identification the express...

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Ch. 19 Identification – the express designation of the goods provided for in the contract Existing goods: Identification takes place when the contract is made Future goods: Identification occurs when the goods are shipped, marked, or otherwise designed by the seller as the goods to which the contract refers Goods that are part of a larger mass: Generally identified when the goods are marked, shipped, or somehow designated by the seller or lessor as the particular goods are the subject of the contract o Fungible Goods – goods that are alike by physical nature, by agreement, or by trade usage (Ex: containers of goods) Title and risk can pass without actually separating the goods being sold from larger mass Passage of Title Title passes to the buyer at the time and place the seller performs by delivering the goods (unless agreed otherwise) Shipment and Destination Contracts o Shipment contract – a contract for the sale of goods in which the seller is required or authorized to ship the goods by carrier (contracts are assumed to be shipment contracts) Seller assumes liability for any losses or damage to the goods until they are delivered to carrier o Destination contract – a contract for the sale of goods in which the seller is
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This note was uploaded on 04/09/2012 for the course LAW LAW taught by Professor Ricks during the Spring '09 term at Rutgers.

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Chapter 19 Notes - Ch. 19 Identification the express...

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