Monday, August 26, 2013

Some Sales Terms

Sales - if the contract does not state carrier terms, who bears the risk of loss if the seller is a non-merchant?
the seller until goods are TENDERED to the buyer
Sales - under UCC, does the risk of loss go to whoever has title?
no, under UCC, title and risk of loss can occasionally be separated. UCC considers title irrelevant when determining risk of loss

Sales - can title or risk be passed on goods yet to be manufactured?
no

Sales - if the buyer rejects goods after they are tendered, who then has title?
title reverts back to the seller

Sales - if the buyer rejects the goods after they are tendered, who bears risk of loss if it is a rightful rejection?
the seller
Sales - if the buyer rejects the goods after they are tendered, who bears risk of loss if it is a wrongful rejection?
the buyer

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