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Abandon
Discard with no intention to reclaim.
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Acession
Acquiring property by adding property of another or one's own
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Acceptance
Assent of buyer to become owner of goods; assent to an offer resulting in a contract; drawee's signed agreement to pay a draft
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Auction with Reserve
Auction goods may be withdrawn after bidding starts
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Auction
Oral sale of property to the highest bidder
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Bailor
Person who gives up possession of bailed property
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Bailee
Person in possession of bailed property
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Bidder
Person who makes offer at auction
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Bill of Landing
Receipt and contract between cosigner and carrier
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Bill of Sale
Written evidence of title to tangible personal property.
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Carrier
Transporter of goods, people, or both
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Common Carrier
One that undertakes to transport without discrimination to all who apply for service
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Private Carrier
Carrier that transports under special arrangements for a fee
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Caveat Emptor
Let the buyer beware
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Confusion
Inseparable mixing of goods of different owners.
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Consignment
Transfer of possession of goods for purpose of sale
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Cosigner
One who ships by common carrier
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Cosignee
One to whom goods are shipped
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Constructive Bailment
Bailment imposed when a person controls lost property
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Conversion
Obtaining possession of property and converting it to own use
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Creation
Bringing property into being
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Define Act of God and Give an Example
Define: The carrier is not liable for unusual occurrences such as: floods, snowstorms, tornadoes..etc. (Rainstorms are NOT considered an Act of God)
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Define Act of Shipper and Give an Example
Acts of the shipper that can cause loss include misdirection of the merchandise failure to indicate fragile contents and improper packing.
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Define Acts of Public Authority and Give Examples
An act of a public authority occurs if public officials seize illicit goods, or if health officials seize goods that are a menace to health. The carrier is not liable for such loss.
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Define Acts of Public Enemy and Give Examples
Organized warfare or border excursions of foreign bandits constitute acts of public enemy. Mobs, strikers and rioters are NOT classified as public enemies.
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Define Inherent Nature of Goods and Give Examples
The carrier is NOT liable for damage due to the inherent nature of goods, such as: decay of vegetables, death of livestock (natural or fault of another animal), and fermentation or evaporation of liquids.
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Existing Goods
Goods that are in being and owned by the seller.
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Identified Goods
Goods picked to be delivered to the buyer
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Future Goods
Goods not both existing and identified
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Fungible Goods
Goods of a homogeneous nature sold by weight or measure
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Fair Credit Reporting Act
Requires creditors to notify a potential recipient of credit whenever any adverse action or denial of credit was based on a credit report.
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Gift
Transfer of ownership without consideration
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Injunctive Powers
Power to issue cease-and-desist orders
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Intangible Personal Property
Evidence of ownership of rights or values
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Judicial Admission
Fact acknowledged in course of legal proceeding
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Magnuson-Moss Warranty Act
The Magnuson-Moss Warranty and Federal Trade Commission Improvements Act requires that written warranties for consumer goods meet certain requirements.
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Pawn
Tangible personal property left as security for a debt
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Pledge
Intangible property serving as security for a debt
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Price
Consideration in a sales contract
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Property
Anything that may be owned
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Receipt
Taking possession of goods
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Sale
Transfer of title to goods for a price
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Straight Bill of Landing
The cosignee alone is designated as the one to whom the goods are to be delivered
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Tangible Personal Property
Personal property that can be seen, touched, and possessed
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Truth in Lending Act (TILA)
Requires lenders to make certain disclosures to borrowers before extending credit. These disclosures include finance charge, the annual percentage rate, and the number, amount, and due dates of all payments, including all balloon payments( payments that are more than twice the normal amount.)
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Warehouse Receipts
Document of title issued by storage company for goods stored
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Bailment for the Sole Benefit of the Bailor (Type of Bailment)
If one holds another's personal property for the benefit of the owner, a bailment for the sole benefit of the bailor exists.
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Bailments for the Sole Benefit of the Bailee (Type of Bailment)
If the bailee holds and uses another's personal property, and the owner of the property receives no benefit or compensation, a bailment for the sole benefit of the bailee exists.
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Mutual - Benefit Bailments (Type of Bailment)
Most bailments exist for the mutual benefit of both the bailor an the bailee. Ex: TV left to be repaired; laundry and dry cleaning contracts...etc.
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Warranty
Assurance article conforms to a standard
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Express Warranty (Type of Warranty)
Statement of guarantee by seller
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Implied Warranty (Type of Warranty)
Warranty imposed by law
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Full Warranty (Type of Warranty)
Warranty with unlimited duration of implied warranties
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Limited Warranty (Type of Warranty)
Written warranty, not a full warranty
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