COMM 393 Lecture Notes - Lecture 8: Unconscionability, Fiduciary, Fundamental Breach
Document Summary
Exemption clauses- in daw, where there is a signed contract. Melony case important because it changed the law. Sale of goods act: codifies common law related to the sale of goods. Must be a sale, property has to be transferred for a money consideration. Real state not considered (has to be tangible personal property). Food is goods under the sale of goods act. Let the buyer be aware. where there is an obligation to inspect, you are deemed to see any faults that would be reasonable to recognize. You have to own the goods to be able to send them. Section 17: goods will correspond to their description. (doctrine of substantial performance may occur sometimes) Buyer makes it known he is relying on seller"s skill and judgement. Goods are in seller"s course of business to supply. (not pop up stores) Buyer not purchasing by trade name, relying on own skill and judgement.
