Posted: November 21st, 2015

BUSINESS

BUSINESS

PART I
Directions: Please review the questions below and write a 3-4 page essay analyzing each legal issue presented in this week’s modules readings.  Please apply APA format with in text citing, reference list, and double-space.  Limit your word count to 2,000 words.  Please visit the Academic Resource Center for help with APA format.
If applicable, include arguments from each side.  If a criminal case exists, you would present arguments from the prosecutor and the defense attorney.  If it is a civil case, then you would argue as a plaintiff and defense lawyer.  Be sure that your answers respond to the questions.  Do not restate the problem in your answer.  Mention the facts where relevant to your analysis.  If you are asked for a recommendation, be sure to include one, but do not fail to consider counterarguments.  If your answer depends upon essential information not set forth in the question, state what that information is and how it affects your answer.  If facts are missing in your argument, please state what facts would be pertinent to each party’s case; also list any facts or information that could potentially damage a party’s case.
Read the questions carefully and attempt to answer each directly.  Clear, well-organized, and concise writing will be rewarded.  If there are ambiguities in the questions, discuss the ambiguity and how it impacts your answer.  You may consult your text, lecture notes, or outlines that you have personally prepared.
Submit your responses to the following:

1.    What are conforming goods?  Give an example of conforming goods.

2.    What does it mean for a seller to cure?  How could you cure an order that a buyer was not satisfied with?

3.    Provide an example of a product that you buy daily.  What would its market price be?  Market price is a price at which goods are currently bought and sold.

4.    What is replevin?  What type of item would be subject to a case under the replevin law?

5.    What is a stoppage in transit?  If you were an operator of a warehouse, how would you begin a stoppage and why?

6.    What is the Magnuson-Moss Warranty Act?  Why was this law created and how would it affect a warranty lawsuit?

7.    What is puffing?  Have you ever been a victim of puffing?  Did you realize it afterwards or at the time it was being committed?  Give an example of puffing.  Research the law in your state.  Are there any statues or court cases related to puffing?  What do those statutes or court cases say with regards to puffing?

8.    What is privity of contract?  How can you determine if privity exists in a contract?

9.    What is an express warranty?  What types of express warranties exist when we purchase a car?  Research express warranties.  Provide an example of an express warranty.  What does the warranty say in layman’s terms?
10.    What types of property or contracts would you have seen caveat emptor (“Let the buyer beware”)?  Are they present in many property or sale of home cases?

11.    Berry, a merchant and owner of a fabric store, ordered fabric from Lanny, a wholesaler.  Lanny sent the goods specifically ordered by Berry.  When the rolls of fabric arrived, Berry did not take time to inspect them.  She simply signed the order, which included a statement certifying that the goods were acceptable, paid the transportation company the amount due for the goods, and returned a copy of the signed order to Lanny.  Later, Berry discovered several imperfections in the material.  What rights, if any, does Berry have under these circumstances?

12.    Saxby Corporation sold goods to Scotsman.  Scotsman arbitrarily refused to pay the purchase price.  Under what circumstances will Saxby not be able to recover the price if it seeks this remedy instead of other possible remedies?

13.    McDonald, owner of Sports Craft, a sporting goods store, contracted to purchase 200 footballs for $2,000 from the Pro Manufacturing Co.  With no explanation, Pro Manufacturing shipped 100 footballs instead of the 200 called for in the contract.  McDonald had already prepaid $1,000 on the purchase.  What sales remedy or remedies could McDonald pursue?

14.    Dayton purchased a rug from Max Floor Covering because the owner stated that the rug was “a genuine Oriental rug.”  Could this statement be considered an express warranty?  Why or why not?

15.    Jenny and several members of her college soccer team purchased team jackets after seeing a sample shown to them by a salesperson from the Champion Sportswear Company.  When the jackets arrived and Jenny found that hers was quite different from the sample, she returned the jacket to the company.  The company refused to take it back.  Assuming that Jenny is an adult, did she have the right to return the jacket?

PART II

Module 7 Journal Assignment
Directions:  Why do you think the UCC offers sellers a chance to cure or correct nonconforming goods?  Do you agree with these provisions that allow sellers to cure or correct?  Why or why not?  Please apply APA format with in text citing, reference list, and double-space.  Limit your word count to 400 words.  Please visit the Academic Resource Center for help with APA format.

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