Sunday, September 1, 2013

more sales

Sales - what 5 remedies for breach does the buyer have- accept all, some or none of the goods
- cover: purchase substitute goods and recover the excess paid from the seller
- specific performance: very unique goods
- recover damages (incidental, consequential, not punitive)
- recission of contract


Sales - how long is the statute of limitations on sales contracts


4 years starting from the date of breach




Sales - what does the shipping term C&F mean





Cost and Freight. It means that the purchase price includes both cost and delivery, so it's FOB shipping point






Sales - under theory of strict liability, what are the 4 things that the plaintiff must prove







p1) the seller was engaged in the business of selling the product
2) the product was defective
3) the defect was unreasonably dangerous to the plaintiff
4) the defect caused injury to the plaintiff

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