Any risk of deterioration in the goods necessarily incident to the course of transit shall be borne by the seller. True /false
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Any risk of deterioration in the goods necessarily incident to the course of transit shall be borne by the seller.
True /false
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- John Brown Ales Pty Ltd sells bottled beer to select licensed premises. Mary is out with friends and consumes a bottle of John Brown’s Old-Fashioned Ale. When she gets to the bottom of the bottle, she realises that there are the remains of an insect in the bottle. Mary suffered shock and became very ill with gastroenteritis. Mary missed two days of work and needed medical attention. Can John Brown be brought to account for Mary’s costs and suffering?Buyer Bert can't believe that Seller Sam has had a last-second change of heart about entering into an agreement to sell his home to Bert. Sam has offered to refund Bert's earnest money and even pay him something in acknowledgment of Bert's inconvenience and disappointment, but Bert's not having it. He wants Sam's house. Choose the remedy for breach of trust that Bert will most likely take. demand specific performance initiate rescission accept compensatory damages settle for liquidated damagesShould FedEx be liable for the alleged loss of valuable rare coins when FedEx did not know what the package contained. Rykard v. FedEx Ground Package System.
- If the delivery term in the parties’ contract for the sale of goods is FOB the place at what the goods originated, absent any other agreement, the buyer is responsible for making reasonable arrangements for the goods to be shipped. true or falseA sales representative in a shopping centre handed Karl a flyer promoting a style cut and shave for $12 at Lion’s Mane Barber Shop. As he was actually in need of a haircut and shave, Karl dropped by the barber shop, which was also located in the same shopping centre. When he arrived at the shop and presented his flyer to one of the barbers, he was told that there had been an error in the statement of price on the flyer - it was supposed to be $22 and not $12. The shop manager tried to convince Karl that this was still a bargain price given that a style cut and shave would normally cost $30 in other barbershops. Karl got upset, as he passed by two other barbershops in the same shopping centre that sold haircuts and shaves for $20 to $25. If he had known about the supposed mistake in the Lion’s Mane flyer, he wouldn’t have bothered coming to the shop. Answer the following: Does Karl have any legal grounds to claim the price of $12? Would your answer be different if Karl already…Karen is on the highway headed home from Toronto. Traffic is moving slowly and she sees that an accident is the cause of the slow down. As she gets up to the scene, she notices debris and car parts all over the highway. She panics realizing she will have no choice but to drive over it. As a result, her front tires blow out and she fears damage has been done to the underside of her vehicle as well. How would Karen's insurer typically assess this loss? Comprehensive claim, as she did not hit another auto. Collision claim, as it was a single vehicle, At Fault claim. Collision claim, as it was a single vehicle. Not at Fault claim. Liability claim, as it is the third party's fault for the debris on the road.
- In the case of a contract for sale by sample there is an implied condition of all the following EXCEPT: That the goods will be free from any defect, rendering them un-merchantable, which would not O a. be apparent on reasonable examination of the sample. O b. That the buyer will have a reasonable opportunity of comparing the bulk with the sample C. That the bulk will correspond with the sample in quality O d. That the bulk of items will on average correspond with the sample quality1) Supplier and Retail Firm A retail-level firm has a contract to sell a single unit of a good to a consumer for 10$. Not delivering the good leads to no payment from the consumer along with a penalty of 5$ to be paid to the consumer by the firm as per the contract between the firm and the consumer. The retail-level firm must also pay an operating cost of 3$ in order to stay in business and in order to be able to deliver the good. This cost must be paid even if the firm decides not to sell the good. Failing to deliver the good and having to pay the penalty and the other costs would lead to the retail firm going out of business. A supplier firm is the only firm in the world that can build the good. The supplier can build the good for 2$ and does so after an order is made. The supplier cannot sell directly to the consumer and there is only one retail firm in this market. Both the supplier and the retailer only care about their own private profit. There is no contract at this point…90 questions remaining Your client insures his/her condominium unit under a Condominium Unit Owners Comprehensive policy. The policy includes $10,000 Property Loss Assessment coverage. The building suffers severe damage in a fire. The Condominium Corporation assesses each unit owner $500 to cover the deductible under its Master Policy on the building. How much would your client's policy pay? OA) 80% of $500 because all Condominium Corporation Master Policies are subject to 80% co-insurance. 8) $500 less the policy deductible. OC) $500.00 CD) Nothing.
- The UCC has replaced the common law concept1 The UCC has replaced the common law concept of title in part with the concept of risk of loss.2. True or False: If goods or tender of delivery fail in any respect to confirm to a contract, the buyer or lessee loses the right to accept the goods.3. True or False: If a lessee is insolvent, a lessor can stop a carrier or bailee from delivering the goods regardless of the quantity shipped.4. City Cab Company and Daveâs Autos enter into a contract for a sale of motor vehicles. City assures Daveâs that it has valid title to the vehicles. Under the UCC, warranties of title arises:a. Automatically in most sales contracts.b. Only if the buyer asks for such a warranty.c. Only if the seller expresses such a warranty.d. Only in conjunction with lease contracts, not sales contracts.5. Concrete Products, Inc., assures Deepwater Construction Company (DCC) that Concreteâs cement will not crack within a…Brian Felley went to the home of Tom and Cheryl Singleton on June 8 to look at a used car that the Singletons had advertised for sale in the local paper. The car was a 1991 Ford with 126,000 miles on it. Following a test drive and the Singletons’ represen- tation that the car was “in good mechanical condi- tion,” Felley purchased the car for $5,800. By June 18, 1997, Felley had the car in the shop and had paid $942.76 to have its clutch fixed. By July 9, 1997, Felley also had paid $971.18 for a new brake job. By September 16, 1997, Felley had paid another Felley brought suit for breach of express war- ranty. An auto expert testified that the clutch and brakes were defective when Felley bought the car. Was an express warranty breached? Why or why not? [Felley v. Singleton , 705 N.E.2d 930 (Ill. App.)] $429.09 for further brake workWhat remedies are available to the buyer if the goods are defective or do not meet the contract requirements?