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Chapter 10-16

Management and Organizational Studies 2275A/B Chapter Notes - Chapter 10-16: Adverse Possession, Nuisance, Union Shop


Department
Management and Organizational Studies
Course Code
MOS 2275A/B
Professor
Susan Toth
Chapter
10-16

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Sales & Consumer Protection 11/24/2015
Sale of goods
SAG
Implies terms that parties to sale of goods transactions often leave
out
oe.g. date for payment & delivery
All other contract rules must be complied with
*excludes services
Money has to be exchanged
oOnly applies to goods
oNot real estate
oNot to goods used to secure loan
Only when parties intended possession of good to the buyer
Whoever has title bears risk of damage or destruction to the goods unless:
CIF (Cost Insurance Freight)
o1 of parties accepted risk by arranging & paying costs of
shipping & insurance
FOB (Free on board)
oParties agree that seller will bear risk until specific point in
transport process
COD (cash on delivery)
oEntitles seller to maintain proprietary rights (title &
possession) & risk until they are delivered to specified location
& paid for
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find more resources at oneclass.com

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Bills of landing
oDocument given by transporter as form of receipt
oSeller can maintain control & risk by naming itself as party
entitled to receive delivery of goods
Transfer of title (5 rules)
Rule 1:
Unconditional contract: transfers immediately
oe.g. buy car “as is”, gets damaged through shipping (not
seller’s fault): my loss
Rules 2:
Seller needs to put goods in deliverable state
oTitle transfers when task completed & notice given
e.g. car needs to be fixed before sold
seller gets the L
Rule 3:
Seller has to do something to determine price of good
oe.g. weigh shipment of potatoes
Once purchaser notified transfers
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find more resources at oneclass.com

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Rules 4:
When goods delivered to buyer’s approval, property in passes to
buyer when he signifies acceptance
Rule 5:
When goods not manufactured or identifiable , tittle passes upon
unconditional appropriation & assent (agreement)
oe.g. when iPhone 7 has been set aside especially for you
Rights & obligations of parties
Clear title & quiet possession
oQuiet possession = free for any interference
Match description
oe.g. of breach: 30gb iPod vs. 60gb iPod
Merchantable quality + fit for purpose
oFree of any defect that would have persuaded buyer not to
purchase item
oFit for purpose when salesperson relied upon
Goods must match sample
oFree of hidden defects
Other implied terms
oWhen price omitted reasonable price
oTime of payment = warranty
find more resources at oneclass.com
find more resources at oneclass.com
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