October 17, 2011 - Performance and Breach of Sales and Lease Contracts

1. What is the basic obligation of the seller or lessor in a sales or lease contract.

2. What are conforming goods?

3. What are non-conforming goods?

4. What does UCC 2-308 (a) tell us?

5. What four things must a seller do to perfect a "shipment contract"?

6. What is a destination contract?

7. Describe the perfect tender rule?

8. What is the one major exception to the perfect tender rule?

9. What is commercial impracticability?

10. Brief Maple Farms v. City School District of Elmira

11. What happens if we have partial performance?

12. Do you think parties should be able to use the global financial crisis to "get out" of their contracts?  Why or why not - and under what legal theory would you argue to get a client out of a contract using global financial crisis as justification?

13. What is a right of assurance under the UCC?

14. What does UCC 2-513 tell us?

15. List the three ways in which a buyer can accept goods?

16. What is anticipatory repudiation?

17. What following remedies are available to the seller if buyer breaches the contract before goods have been delivered?

18. When, according to UCC 2-703 does the seller have the right to cancel the contract?

19. When can a seller resell or dispose of goods according to the UCC?

20. In a sales contract, _____________ can be recovered resulting from breach under UCC 2-706.

21. When does the seller have the right to stop delivery of the goods (list all three) under UCC 2-705 (2).

22. What six options are available when the seller refuses to deliver the goods?

23. Brief Houseman v. Dare.

24. What is the legal theory of "cover"?

25. What happens when the seller delivers non-conforming goods?
(hint: reject/revocation)

26. Brief Fitl v. Strek.