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Pages:
4 pages/≈1100 words
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1 Source
Level:
MLA
Subject:
Law
Type:
Coursework
Language:
English (U.S.)
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Topic:

Title Transfer, Loss Risk, Insurance Coverage, Conforming Goods, and Good Control (Coursework Sample)

Instructions:

The sample is based on the following questions:
5) Explain the legal relationship between transfer of title and the risk of loss and the concept of conforming goods, insurance coverage and the ability of one party to have control over the goods (Ch 21).
6) Warranty and strict liability represent two causes of action, often relied upon by plaintiffs who pursue recovery in a product liability case. Describe the two legal theories by making reference to the elements that need be prove; the obstacles with which a plaintiff may be confronted; the recoveries that be sought; and finally the nature of the cause of action; hint from what discipline of law does each theory arise (Ch 22).
7) Both breach of warranty and strict liability lawsuits may be based upon any one of several theories. In other words, there are different types of warranties and similarly different types of defects. Specifically identify by their correct name and explain a combined total of any five warranties and or defects of your choice (Ch 22).
8) Define the legal principle of privity as it relates to a product liability lawsuit and in what manner it may be regarded as having been “eroded”. Consider which party would be in favor of such an erosion, plaintiff or defendant, and why? (Ch 22).
9) Discuss the various obligations that the following parties need fulfill in order to constitute an effective performance: Seller, purchaser and finally both parties regarding those that may be regarded in the nature of mutual obligations (Ch 20).
10) Identify and explain any three different remedies available to a seller and any three available to a purchaser under the UCC and what can the parties do contractually when drafting their contract regarding the availability of remedies? (Ch 23).

source..
Content:

Student’s Name
Professor’s Name
Course
Date
The Law of Sales
QUESTION 5
The transfer of title typically occurs when goods are delivered by the seller and received by the buyer, as indicated in the contract. However, transfer of title fails to occur when the seller and buyer have an agreement to possess goods for a predefined time duration such as in the case of leases. A void title cannot be transferred to a buyer. If a third party buys the property from the first buyer, the actual owner has a right to recover the goods. Titles that have been obtained under duress can be transferred to a purchaser although the owner can rescind them (James and Timothy 374). However, third parties that acquire the titles before the rescission occurs are deemed to have rightfully acquired the title. 

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