Sale- Passing of title of goods from seller to buyer for priceTrick question on the test- he is going to give us service- and its not a good

Goods- tangible things that are movable of the time of their identification in the contract Services provided r not under UCC

Lease- a transfer of a right of possession and use of named goods for a set turn in return to conUCC Uniform commercial codetells us that a reasonable price can be implied PG244-245In regular contact acceptance needs to be in a mirror image of the contract. Under the UCC additional terms become a part of the contract unless they dontPg 249In order to modify contract- Under UCC u can modify contract and consideration is not required It only applies to Sales and leases

Ch 15Bailment u r not relinquishingYOUR RIGHTS TO THE PROPERTY, YET JUST INTRUSTING SOMEONE FOR LIMITED AMOUNT OF TIME

Destination contract- risk of product getting wrecked is on a dealerShipment contract- risk is on customerRisk of loss when breaching the deal-The bailey- bears the risk of loss

Consignment- when they

OWNER - Jewelry Store 3rd PartyOwner Pizza- 3rd party --- LAW RECQUIRES YOU TO ASK QUESTIONS ABOUT WATCH- U CAN BE SUED FOR GETTING

Bonus QUESTION- PIZZERIA SOLD PROPERTY THAT WAS INTRUSTED TO THEM AND TRANSFER OWNERSHIP ANSWER EMBEZELMENT

STATUTE OF FRAUDS certain contracts have to be in writing I enter into agreement for legal services, and oral agreeemnet with jon. I fail to perform. Jon sues me, can he win?ITS A SERVICE, SO YOU CANT BE SUED NOT ENFORCABLE BC ITS A SERVICETHEIF CAN NEVER PASS A GOOD TITLEJOHN STEALS A TEDDY BEAR FROM WALMART AND GIVES IT TO HIS MOM, AND HIS MOM CANT KEEP IT BC HE NEVER PASSED A GOOD TITLE- BC HE IS A THEIFCONSINMENT- DROP STUFF TO 3RD PARTY FOR RESAILBAILMENT STOLEN GOODSCONSINMENT

NO CHAPTER 16CHAPTER 17Warranty- sellers express or implied assurance that a goods sold meet certain quality standards1) Express warranty - warranty that is when seller makes affirmation that goods that he is selling make specific quality - they can be written, aferred, oral - The word is warranty is not necessary for warranty to *Any or all affirmations or promises made about a good raises express warranty* Any model or sample of the good *any description of the goodGOVERNED BY UCC

EXAMPLE OF RED BULL THAT GIVES YOU WINGS IF IT DOESNT ITS BREACH OF EXPRESS WARRANTYSTATEMENTS OF OPINION ARE NOT ACTIONABLETHIS IS THE BEST CAR THAT YOU CAN BUY- THIS IS JUST THEIR OPINION, CANT SUE THEM- ITS PUFFERERY ITS GONNA RUN 1000 MILES- YOU CAN SUE THEMIs this a breach of express warranty we need to see if it is a statement or a fact or opinionWhen you sue for breach of express warranty you get compensatory damages 2) Implied warranty has 2 types: Implied warranty of Merchantability- unless properly disclosed goods sold are fit for ordinary purpose for which they are sold. a. Goods must be fit for the ordinary purpose for which they are used b. Goods must be adequately packaged, contained and labeled c. Goods must conform under the label of the product d. Must be capable to use safely according to instructione. The quality must be industry standardIt arises automatically, when the good is sold. Implied warranty of fitness for human consumptions there are 2 tests that are determined this is for food or drink. Foreign substance test you can sue if there is a foreign object that causes injury to a person Consumer expectation test- what would a consumer expect to find or not find in food or drink if its something that u dont expect to find Implied warranty Fitness for particular purpose- when seller expresses that the good will conform to our needs *the seller needs to know why you are buying these goods*the seller makes the statement that the goods will function for particular needs*the buyer relies on sellers expertise and judgmentPG 223Express warranties cant be disclaimed Implied warrantys can be either ..When u buy something (as is) no implied warranty is attached Disclaimed have to be put on a displayed place for a reasonable person to see themWarranty of good title- promising you that they have a valid title to sell the goodWarranty of no security interests- bit means that a third party doesnt have a claimWarranty of no interference when goods are leased, the person leasing is not going to interfere with your quiet enjoyment of a goodCHAPTER 18IF a product is designed in such a way you have to sue everyone in the chain of the production, and they are all named as defendants, and its on them to prove whose fault it isFor torts there is no privity Doctrine of strict liability1) Defect in manufacture something happened in manufacture2) Design defect the way it was designed it was defected there are tests lie - risk utility analysis 3) Failure to warn you have to place proper warning when manufacturer fails to post warning label on a product4) Defect in packaging something is defective about packaging to cause damage; 5) Failure to provide adequate instructions

DEFECT IN MANFUCTURE- the way the product was manufactAbnormal misuse of a product- Generally dangerous product Supervening event- modify product such that it causes injury Assumption of risk- defendant has to prof that plaintiff knew and voluntary assumed the risk Comparative fault where party is also at fault Lets assume we take chare and use it as a lather, and we hurtWe can only sue for purpose that Failure to warn when there is a danger of something there needs to be a warning way to sue for product diffectWe sue everyone in the whole chain, bc we dont know at which stage is the diffect, and they prove among themselves who is responsible and who is not

12a,13,14,15,16,18Bribery Condition is a qualification of a promise, that becomes a promise if its met. There are 3 types of conditions:1. Condition precedent- requires an occurrence in order for performance of duty (if, on condition, when)2. Condition subsequent- is condition whose occurrence or non-occurrence automatically excuses the performance of a duty. 3. Concurrent condition- when parties at contract 4. Implied condition is implied from circumstances surrounding the contract GIVE AN EXAMPLE AND ASK WHICH CONDITION IT IS. WE NEED TO KNOW WHAT WHAT HAPPENS IF WE FAIL TO DO SOMETHING> WE ARE IN BREACH OF CONTRACTDischarge by agreement/When we agree to cancel contract or agreement we have and RECISSION. Both party need to agreeMutual agreementSubstituted contract- that will modify the terms of the first agreement Novation- agreement that substitutes a new party for one of the of the original parties and relieves the exiting party of the liability of contract, but in order for that to happen all three parties must agreeAccord and satisfaction this is an settlement agreement that settles contractual dispute.

Performance is cancelled due to Death or incapacity of a person Destruction of a subject matter will relieve further performance Supervened illegality Force masseur- an act of god. should something happen that is outside of control of the party it will relieve tStatute of Limitation- limits a time that a party can sue a person When there is (non-material) minor breach you are entitled to damages that are equal to money that you are incurred. When there is a (material) substantial breach, and u neglected to preform, the other party is relieved from performance. Contract Law puts us in position that we were Market price Contract price =7000-5000Compensatory damage- award of money intended to compensate to non-breaching party for loss of the bargingConsequential damages- are foreseeable damages that arise of circumstance out of contract. You can sue for any consequences you are facing as a result as other party breached the contract.Liquidated damages- damages that are provided for by the contract that should either party breach the contract, the non-breaching party will be awarded x amount.That are provided in a contract before the breach happens, before either party breaches the contract. It should be reasonable price, on circumstances of the contract.

Nominal damages- these are very little amounts just to prove the point.Unjust enrichment- one party should not be able to retain something for nothing. You shouldnt be unjustly enriched Quantam MERUIT (reasonable cost of - a person who does something for you should be compensated for the work at a reasonable market rate, so you cannot be unjustly enriched. Specific performance- when court orders someone to preform, bc of their unique talent, its one of a kindInduction- c ourt order to stop doing something, if someone is doing something that would do you any harm.

Consideration- Something of legal value given in exchange for a legal promise. Exchange of benfitsFalse- because its a gift.Rich uncle john will give u 500$ if u quit smoking. it is considerationGift - Promise freely given and not induced by some benefit. However, once aEngagement ring is a considerationI will give u a pound of marihuana if u get all As illegal consideration whenever there is illegal consideration, and its not valid consideration. Illusiory promise- contract that both contracts enter but one or both parties has an option to choose, and has an out of the contract. Its fake or illusiory promise.Pre-existing duty- when a party seeks to change something that they have already agreed to in previous consideration. Not valid consideration.Past- consideration- when party agrees to pay additional, its not valid consideration.Output contract - contract when the seller agrees to sell all of its production to a single buyer. Requirements contract- when a buyer agrees to purchase as much as they require from one seller.Settlement contract- we can agree that we will settle our dispute Promissory Estoppel- is doctrine that prevents a withdrawal on a promise by a promisor that will have a huge impact on promisee. 1. Promisor has to make a promise 2. He has reasonably expect that promisee will rely on promise. 3. Promisee has to rely on promise and engage in an act. 4. Injustice----- MUSEUM OF MODERN ART (ON EXAM) --- YES based on Promissory Estoppel Offer- acceptance- consideration- capacity Disaffirm option for a minor to cancel a contract since they are minor. 1. Duty of restoration- return the goods or property that it is at disaffirmance. If minor gave anything of monetary to a adult, he gets it back. 2. RATIFICATION when a minor doesnt disaffirm a contract until he/she reaches majority (turn 18), then u have ratified or accepted what u have done by a minor. Necessarys of life(food, shelter, clothes) they cant get out of this contract Minors dont have mental capacity to enter a contract.

When there is destruction of subject matter- that would be due to impossibility Minimal breach Material breach- MEASURE OF DAMAGES - Market Value- Contract price