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COMM 393 Midterm Answer Guide/Key

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Course Code
COMM 393
Barbara Cox

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1aThe issue is whether title to the car had passed to Tom The Sale of Goods Act says that unless a different intention is expressed when there is a sale of specific goods and something needs to rje done to put the goods in a deliverable state title to the goods passes when the thing has been done and the buyer has been notifiedThis was a sale of specific goods and the seller agreed to repair the radio Title passed when the radio was repaired and the seller notified the buyer This occurred on Feb 4 Tom will have an obligation to pay the remaining 5000bUnder the Sale of Goods Act there is an implied term that when goods are sold be description by a dealer the goods be of merchantable quality in respect of defects that would not be obviousThis is a sale of a car by a dealer and it would not have been obvious to Tom that the engine was defective A car with an engine that immediately requires 3000 in repairs is not of merchantable quality Kalis would therefore be liable for the cost of repairs2 aIn order for there to be a contract there must be offer and acceptance Leslie made Teresa an offer in her letter of October 1 Teresa made a counteroffer in her letter to Leslie the next day Leslie accepted Teresas counteroffer in her letter sent October 6 and received by Teresa on October 9The postal acceptance rule says that if it is reasonable to accept by mail acceptance is ef
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