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Identify What Terms The UCC Provides In A Sales Contract?

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1. How risk of loss is allocated among the parties in a sales contract?
Risk of loss is allocated based on whether the agreement is written as shipment contract or a destination contract. Shipment contract require the seller to find a third party such as a delivery company to deliver the goods. In the standard shipment contract, a seller usually need only deliver the goods to the carrier unless the parties have agreed otherwise. Once the seller has deliver the goods to the carrier, the title of the goods will automatically pass to the buyer. The risk of loss is allocated to the seller until the seller has delivered the goods to the carrier. If the goods are damaged or destroy after the seller delivered the goods to the carrier, the buyer …show more content…

Usually the destination would be the buyer’s home or business firm. If the contract is destination contract, the seller will be responsible for the risk of loss until the goods have been delivered to the destination, and make sure the buyer take his or her goods.

2. Identify what terms the UCC provides in a sales agreement with open or missing terms.
Contract would still enforceable although the elements such as delivery, pricing, or payment terms are missing. This is because the UCC provides standards to fill the gaps left by the miss terms. Those missing elements are acceptable under the UCC as long as the parties are intended to enter into the contract.
Quantity is always a requirement for an enforceable contract. However, there are two exceptions. First, if the contract is output contract, which means the buyer agrees to buy all of the goods that a seller produced. The other one is requirements contract, means that the buyer agrees to buy all or up to an agree amount of she or he needs for a given period.
Because the industry customs and market value are always changing, the UCC requires the courts to determine a reasonable price at the time of delivery.
For delivery, buyer usually takes delivery at the seller’s place, if not, the UCC provides for reasonable time based on the …show more content…

Distinguish between the roles of federal courts and state courts.
State Courts generally handle problems that are dealing with state statutory, state common, and state constitutional law. There are two types of state courts, trial courts and appellate courts. State trail courts are where parties present their cases and evidence, and is the place that cases are originally brought and heard. State appellate courts primarily review the decision of trial courts. After the trail courts makes decision, the losing party could determine whether to file an appeal in the appellate court or not. If the party decide to file an appeal, the case might has chance to be remanded.
Federal courts primarily dealing with the problems that with national laws and federal constitutional issues. It has three courts, they are the U.S district courts, the U.S courts of appeal, and the U.S supreme courts. The U.S district courts have the same duty as trial courts but address issues involving federal matters. The U.S courts of appeal is the intermediate appellate courts in the federal system. It reviews the decision of federal district courts. The U.S supreme courts is the ultimate arbiter of federal law.

4. What is negligence and what are the elements of

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