PART I
Directions: Please review the questions below and write a 3-4 page essay analyzing each legal issue presented in this week's modules readings. Please apply APA format with in text citing, reference list, and double-space. Limit your word count to 2,000 words. Please visit the Academic Resource Center for help with APA format.
If applicable, include arguments from each side. If a criminal case exists, you would present arguments from the prosecutor and the defense attorney. If it is a civil case, then you would argue as a plaintiff and defense lawyer. Be sure that your answers respond to the questions. Do not restate the problem in your answer. Mention the facts where relevant to your analysis. If you are asked for a recommendation, be sure to include one, but do not fail to consider counterarguments. If your answer depends upon essential information not set forth in the question, state what that information is and how it affects your answer. If facts are missing in your argument, please state what facts would be pertinent to each party's case; also list any facts or information that could potentially damage a party's case.
Read the questions carefully and attempt to answer each directly. Clear, well-organized, and concise writing will be rewarded. If there are ambiguities in the questions, discuss the ambiguity and how it impacts your answer. You may consult your text, lecture notes, or outlines that you have personally prepared.
Submit your responses to the following:
1. A lessee is a tenant and a renter of goods. Have you ever leased anything? What rights or duties would you have when leasing?
2. A merchant is one regularly dealing in the sale of goods or having specialized knowledge of goods. How important is a merchant under the Uniform Commercial Code?
3. Course of performance is a way in which a particular transaction has been carried out. What would an example of course of performance be?
4. Sale is a contract that transfers title in goods from seller to buyer for a price. What have you seen a sale of lately? How important are contracts in the sales area?
5. Usage of trade is a standard custom or widely accepted practice in a particular occupation that can be applied to a dispute. What would a usage of trade or standard custom be in your field or workplace?
6. The bill of sale is a written proof of ownership of goods. Have you ever used a bill of sale? How important is it if a case goes to trial?
7. Identified goods are exact goods being sold that have been decided on by seller and buyer. If you ordered a product online but the seller sent the wrong item, how could you prove that the identified goods are the incorrect ones sent to you?
8. Fungible goods are a unit equivalent of any other unit. Provide an example of fungible goods.
9. Contract to sell is a sale in which title to goods passes from seller to buyer at a future time. What can you contract to sell when dealing with property?
10. Assume that seller A sends B, the buyer, a form offering to sell certain goods. B returns a form accepting the offer. The two forms do not agree on every point. Do A and B have a contract under Article 2? Why or why not?
11. Cole, a retail auto parts dealer, needed some parts quickly. He sent a telegram to Veterans Wholesale Auto Parts, requesting that the necessary parts be sent immediately. Two days later, Cole followed up with a telephone call to Veterans. Five weeks later, the parts arrived, but Cole rejected them, claiming that they arrived too late. Cole had made other arrangements. Veterans sued Cole for breach of contract. Was Cole liable for breach of contract?
12. Bell, purchasing agent for the Hiram Paint Company, mailed a purchase order to the ABC Can Company requesting 50,000 new paint cans. The order form contained, among other things, a condition stating, "The buyer may reject any defective goods within twenty days of delivery." The ABC Can Company sent a return letter confirming the order. The letter contained a condition stating, "An objection to goods shipped must be made in writing within five days of receipt of the goods." On the eighth day after receipt of the shipment of cans, Bell filed an objection to 5,000 cans he stated were defective. Is this objection legally valid?
13. Johnson purchased a television set on thirty days' credit from Martinson and Kelly TV sales and Service Center. While filling out the credit application, Johnson made false statements about his credit rating. Shortly after the purchase was made, Johnson moved to another city without paying for the TV set. Before moving, however, he sold the TV set to Carvel, who knew nothing of the fraudulent transaction. Martinson and Kelly traced the sale of the TV to Carvel and demanded the return of the set. May Martinson and Kelly legally recover the TV set from Carvel?
PART II
Directions: Why do you suppose the UCC does not cover the sale of services? How are contracts for the sale of services analyzed by courts? Please apply APA format with in text citing, reference list, and double-space. Limit your word count to 400 words. Please visit the Academic Resource Center for help with APA format.