ipl-logo

Identify What Terms The UCC Provides In A Sales Contract?

954 Words4 Pages

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

Show More
Related

Comparing Michigan's Judicial System

2120 Words | 9 Pages

There are also no juries or witnesses and it involves only lawyers from both sides that argue the law and answer any questions the judges may have. There are seven judges at this level or one Chief Justice and six judges on the panel. The Chief Justice is elected by the court?s sitting judges and is elected a two-year term. Cases can be appealed to the Supreme Court that were heard in the Circuit Courts or the Court of Appeals and the Supreme Court can override those courts decisions. The Supreme Court?s role is to guarantee a firm and reasonable judicial system and is the final arbitrator in disagreements that involve the state?s constitution and laws.

Read More

Supreme Court Cases: Baker V. Carr

747 Words | 3 Pages

In the United States, the Supreme Court spends the majority of its time on things that are not appointed to them by the Constitution. An example of this would be when the constitutionality of a law is questioned or challenged. The process of Judicial Review is when the Supreme Court sorts out what they think is constitutional and not constitutional. One Supreme Court case that questioned a law’s constitutionality is Baker v. Carr in 1962. Charles Baker, resident of Tennessee, filed a lawsuit against the secretary of state, Joe Carr.

Read More

Explain The Three Branches Of The Texas Constitution

807 Words | 4 Pages

In the state of Texas there are two courts of final appeal. The highest court for civil matters is the nine member Texas Supreme Court. The nine member Texas Court Criminal Appeals is for criminal matters. The number and variety of courts are confusing to the average citizen. The judges in these courts have only general qualifications who need not be lawyers and these judges are selected in a partisan election, which is a general election where the candidates are nominated by the political parties and their respective party labels appear on the ballot.

Read More

Brazilian Footwear Case Study

1114 Words | 5 Pages

• Incoterms contain all the freights, invoices, insurance for credit transit insurance and port or transport discharge. • Collect Letter of credit from bank, so that if anything goes wrong in the credit, both parties are liable to downside in the contract that may be product lost or broken in transit. • So we advice Brazilian footwear company to ask for all these Document apart from export and import negotiations and document containing terms, so that if anything goes wrong both parties are liable and no one party is at financial and market value risk. Question2)

Read More

Explain Why The First Contract Does Not Fall Under The UCC

175 Words | 1 Pages

The first contract does not fall under the UCC. The reason being is because the UCC applies only to a sale of goods or a contract to sell goods. Any contract for the sale of realty would not fall under the UCC. Here, John proposes a contract to Mary for the sale of gravel; however, the buyer (Mary) was to sever the goods in this particular case. The law states that a contract for goods to be removed from property is a contract for the sale of goods but only if the seller severs the goods.

Read More

Article Three-Part Structure Of The Federal Court System

1328 Words | 6 Pages

As a result, the Supreme Court, Courts of Appeals and District Courts become the formation of our courts. Each court individually is structured to meet the standards of our constitution. Federal District Courts being the lowest level in the federal system. These courts are intentionally designed to trial federal cases, testifying witnesses, and where federal juries serve. As of now, District Courts consist of 94 judicial districts yet, have no appellate jurisdiction.

Read More

United States Court System Hierarchy Paper

1236 Words | 5 Pages

Also referred to as, “the court of last resort”, the state supreme court holds the highest authority and is the last state court a case can go to. Appeals from the state supreme court may go directly the U. S. Supreme Court provided that the appeal is based on federal constitutional grounds, (Dye & MacManus, 2014, pg. 258). Judges preside over the major trial courts of general jurisdiction, appellate courts and the state supreme court. There are five methods of selecting judges. These methods differ from state to state and often times states use more than one

Read More

Differences Between Texas And Federal Judges

1248 Words | 5 Pages

Government, Constitution, and other federal laws (Court Role and Structure., n.d.). There are multiple different courts within the federal court system. There are 94 Federal District Court’s with the U.S. that serve as the primary trial courts within the federal system (Court Role and Structure., n.d.). There are other courts that hear different issues such as the Bankruptcy Courts and Article I Courts (Court Role and Structure., n.d.). Article I courts include U.S. Court of Appeals for Veterans Claims, U.S. Court of Appeals for the Armed Forces, and U.S. Tax Court (Court Role and Structure., n.d.).

Read More

Essay On Texas Courts

756 Words | 4 Pages

Whenever we talk about the Supreme Court of the United States we all know that it is the major court in the country. They listen to cases appealed from lower federal courts or cases appealed from state courts. However, every single state has its own courts and every state has a supreme court. In the case of Texas there are two major courts which are the Supreme Court of Texas that is in-charged of hearing cases for civil matters. And then there is the Texas Court of Criminal Appeals that deal with any criminal matters in Texas.

Read More

Essay On Texas Courts

579 Words | 3 Pages

The next court is the Court of Criminal Appeals. They are consisted of Presiding Judge and eight judges. This Court has statewide and also final appellate jurisdiction of criminal cases. They also make rules of post-trial and appellate procedure for criminal cases.

Read More

The Pros And Cons Of Judicial Selection

829 Words | 4 Pages

The dual court system of the United States gives state and federal courts different roles and responsibilities. A difference between the two is that state courts seem to exhibit less independence than federal courts. Tarr (2019) highlights that since state courts do not have “Article III guarantees of judicial independence[,]… judges on legislative courts cannot be assigned the same duties and jurisdiction as judges on constitutional courts.” By the nature of the dual court system, state courts are not responsible for determining matters of constitutionality. Rather, their duty is to deal with sentencing for conflicts among citizens, not violation of amendments nationally.

Read More

Difference Between Trial Court And Appellate Court

1148 Words | 5 Pages

The trial court is where the case is first heard before the judge and the jury. It is where each opposing party to the case gets to present evidence through witnesses, records, and other documentations supporting their claim. As such, the focus of the trial court is on facts presented and the governing law or laws that applies to the case upon which decisions are made to settle the dispute. In contrast, the appellate court is the next step up to the trial court.

Read More

Three Levels Of The Federal Courts Essay

492 Words | 2 Pages

The three levels within the federal courts are: the U.S. Magistrate Courts, the U.S. District Courts, the U.S. Courts of Appeals, and the U.S. Supreme Court. The magistrate courts are the lowest level and as such are limited to trying misdemeanors, setting bail amounts and assisting the district courts. The U.S. District Courts are the federal branch of original jurisdiction courts. These are responsible for criminal trials and giving guilty or not guilty verdicts. The U.S. Courts of Appeals are responsible for all the appeals from U.S. district courts.

Read More

Supreme Court Justice Research Paper

517 Words | 3 Pages

The court 's jurisdiction is its authority to hear cases of a particular type. The original jurisdiction is the authority to be the first court to hear a case. The supreme court 's most important work is the Appellate jurisdiction, which is the authority to review cases that have already been heard in lower courts and are appealed to a higher court by a losing party. Nearly all cases that reach the Supreme Court do so after the losing party in lower court asks the court to hear its case. The court issues a Writ of certiorari.

Read More

Pros And Cons Of Written Contracts

1490 Words | 6 Pages

One modification is that the courts may readily imply that the offeror has waived the requirement that the acceptance be communicated to him. Revocation cannot take place once performance has started. However, there is an exception to the rule when the consequence is that the offeror is forever bound and unable to revoke the offer. An offer remains open if offeror could not have terminated the offer during his lifetime and if performance does not depend on offeror's personality. Distance selling contracts Contracts for sale of goods are such everyday occurrence, and are commonly made with so little consideration of the exact legal results which the parties would desire to produce by it, that if their rights and obligations were to be determined only by what they say or do when they make the contract their reasonable expectations would be

Read More

More about Identify What Terms The UCC Provides In A Sales Contract?

Related Topics

Open Document