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Destination Contract
An agreement that generally transfers title and risk of loss of the goods to the buyer when the goods reach their destination, usually the buyer's place of business.
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Firm Offer
An offer that is irrevocable despite the lack of consideration from the offeree to hold the offer open. Offer must be in writing and made by a merchant to be firm.
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Good Faith
Parties will operate honestly in the course of the transaction; think of trying to honor the spirit of the agreement more than the literal agreement.
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Goods
Moveable personal property
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Implied Warranty
A guarentee that automatically exists, unless it is disclaimed by the seller. Some examples include the warranty of title, the implied warranty of merchantability, and implied warranty of fitness for a particular purpose.
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Merchant
A person who regularly buys or sells goods that are involved in the contract.
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Perfect tender rule
The goods that the seller delivers must conform exactly to the terms of the contract.
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Risk of Loss
Parties to the contract allocate which party will bear the loss if the goods are damaged or destroyed.
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Shipment Contract
An agreement that generally provides that title and risk of loss pass to the buyer when the seller delivers the goods to the common carrier.
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Strict product liability
Sellers are held responsible for injuries that their goods cause, even if the seller exercised due care.
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Tender
When a party to the contract is ready, willing, and able to perform the promise of the contract.
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Transfer of title
Ownership of goods is transferred from the seller to the buyer.
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Warranty
A guarentee concerning the quality, performance, or other characteristics of the good.
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