Look at a warranty for an iPod, a cell phone, or computer.
Consider the following questions:
Identify the parties to the warranty.
Is it covered by the UCC?
What are the implied warranties? What are the express warranties?
What services does the company provide and under what circumstances.
Do you think the consumer is properly protected? Why or why not?
Identify and distinguish when the UCC applies to a contract.
Identify the key differences between the UCC and common law contracts regarding merchants, contract formation, and other related rules.
Identify and apply the title and risk of loss rules of the UCC to factual scenarios.
Identify and compare Contracts for the Sale of International Goods (CISG) with UCC principles.
Identify the performance obligations of sellers and buyers under the UCC.
Identify and analyze the remedies available to buyers under the UCC.
Identify and analyze the remedies available to sellers under the UCC.
Identify UCC limitations on remedies.
Identify and apply product liability to various factual scenarios.
Identify and analyze applicable defenses to a product liability claim.
Identify and analyze the various express and implied warranties under the UCC.
Module 5
1. What are the elements needed to form a contract?
Is an Agreement to meet in the park at noon
enforceable? Why? Why not?
What is a “Purchase Order?
How would you characterize the terms of a Purchase
Order?
2. Is there a difference between a purchase order (Invoice)
and a contract? If so, compare the two instruments and
outline the difference between the two.
3. Are Purchase Orders controlled under Contract law or the
Uniform Commercial Code (UCC), or both?
4. Is there an advantage of a contract over an invoice? If so,
what are the advantages and disadvantages of each
instrument?
5. Under the UCC case study facts, how many transactions
are there, one or two transactions? Explain?
6. How or when is an enforceable agreement formed in
contract negotiations? At what point, with a Purchase
Order (Invoices), is an enforceable agreement established
under the UCC? Is there a binding agreement in the
Sally/Jake case? Why or why not?
7. What facts are in Sally’s favor of canceling the order? List
them supported by the facts and the applicable statutory
sections.
8. What facts are in Jack’s favor in enforcing payment? What
sections of the UCC support Jake’s arguments?
9. In Contract Law, you must have a “meeting of the minds”
as part of an enforceable agreement. Another element
requires that the Acceptance must match the Offer. What
is this Contract Rule called?
10. Common-Law Contracts require that “Acceptance” must
not add or change any terms of the Offer. What is it called
when an Acceptance of an Offer changes terms of the
Offer?
11. In the Sally/Jake case, is there a “meeting of the minds”
under the UCC when the merchants use Invoices that
differ in terms? Explain why or why not. What UCC
sections support your answer? List the Code sections and
summary of applicable parts.
12. Have Sally and Jake formed a contract under the facts? If
so, what terms are enforceable, and what UCC sections
support your answers? How should this dispute be
resolved?
13. Which facts and Code sections would support the position
that Sally did not accept the goods? List the facts and
summarise the applicable code sections.
Save your documents using a naming convention, do
M5D1: Case Problem on Emery v. Weed
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Read Emery v. Weed (Links to an external site.) and respond to the following critical thinking and ethical decision-making questions:
Is the court’s decision consistent with your common sense belief about whether risk of loss had passed?
Explain how the court used the UCC to reach its conclusion.
Which primary value does the court’s decision show it prefers” Which primary value does Weed Chevrolet probably prefer?
Post a thorough response to each question.
Again, it is important to realize that this is not a law class per se so don’t be intimidated by reading and analyzing a case.
You are not being held to standards that would apply if this were a law school or paralegal class.
When you analyze a case and its holding you are technically considered to be briefing the case, but you can think of it in terms of just performing an IRAC analysis.
Consult the Discussion Posting Guide for information about writing your discussion posts.
It is recommended that you write your post in a document first.
Check your work and correct any spelling or grammatical errors.
When you are ready to make your initial post, click on “Reply.” Then copy/paste the text into the message field, and click “Post Reply.”
To respond to a peer, click “Reply” beneath her or his post and continue as with an initial post.
Evaluation
This discussion will be graded using the discussion board.
review this , located on the page within the Start Here module of the course, prior to beginning your work to ensure your participation meets the criteria in place for this discussion.
All discussions combined are worth 20% of your final course grade.
Keep the following points in mind:
The responses to questions are exhaustive and complete.
Accurate and adequate references have been made to specific laws.
The holder in due course provision can mean different things in the UCC and in state laws.
Look at the holder in due course provision in the UCC (Links to an external site.) at http://www.law.cornell.edu/ucc/3/3-302.html.
Then, read about the same provision in the Massachusetts law (Links to an external site.), at http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter106/Article3/Section3-302.
Next, examine Illinois’s holder in due course doctrine (Links to an external site.) at http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=081000050HArt.+3+Pt.+3&ActID=2301&ChapterID=66&SeqStart=26500000&SeqEnd=27800000.
Then, respond to the following items:
Compare the UCC version of the holder in due course doctrine with the holder in due course provision in Massachusetts.
How is the latter similar or different from the UCC provision?
Compare Illinois version to that of the UCC.
How is Illinois’ doctrine similar or different from the UCC provision?
Sources must be cited in APA format and the assignment should not exceed one page in length using 12 point font and one inch margins.
