Sales : A Systems Approach

by Keating, Daniel L.

• ISBN13: 9780735524651
• ISBN10: 0735524653
• Edition: 2nd
• Format: Hardcover
• Copyright: 2002-12-01
• Publisher: Wolters Kluwer

Summary

This problems-based casebook covers the full range of sales systems, including those governing domestic sales of goods, leases, international sales, and real estate sales. Refined and improved for its Second Edition, Sales: A Systems Approach makes the study of sales both meaningful and comprehensible. the casebook uses the systems approach to illuminate sales transactions: vivid, practical assignments are keyed to real-life problems - to solve them, students use the UCC, case law, interviews with players in the sales system, actual sales forms and documents, and news stories by emphasizing the institutions and mechanisms used by market participants to conduct transactions, The text reveals how the UCC plays out in practice expanded coverage of sales systems goes beyond domestic sales of goods to include leases, international sales, and real estate sales the clear, accessible writing style facilitates understanding highly appealing and teachable problems explore and explain the law the book is divided into sections by class assignment for ease of teaching When you review the Second Edition, be sure to notice that it: responds to ALI/NCCUSL amendments to UCC Articles 1, 2 and 2A covers major cases, including Hill v. Gateway (sales contract formation), Filanto v. Chilewich (international sales contract formation), Lawrance v. Elmore Bean Warehouse (commercial impracticality), Maxwell v. Fidelity Financial Services (unconscionability), Firewood Manuf. Co. v. General Tire (seller's remedies), Chronister Oil Co. v. Unocal Refining and Marketing (buyer's remedies), and C.I.C. Corp v. Ragtime, Inc. (duty to mitigate in the context of Article 2A lease damages) is accompanied by a comprehensive Teacher's Manual with suggested syllabi and through answers To The problems in the text contains additional cases interpreting the CISG

Table of Contents

Preface	xvii
Acknowledgments	xxi
Formation	1	(130)
The Role and Scope of Codes in Sales Systems	1	(23)
Fundamental Aspects of Sales	1	(2)
The Real World of Sales	3	(2)
Functions of a Code in Sales Systems	5	(2)
Scope of Article 2	7	(3)
Rogus Co. v. City of Chicago	10	(3)
Rossetti v. Busch Entertainment Corp.	13	(3)
Cook v. Downing	16	(4)
Problem Set 1	20	(4)
Scope Issues with Leases, CISG, and Real Estate	24	(18)
Scope of Article 2A	24	(3)
Carlson v. Giachetti	27	(3)
In re Nationwise Automotive, Inc.	30	(5)
Scope of the CISG	35	(1)
Viva Vino Import Corp. v. Farnese Vini S.r.l.	36	(2)
Real Estate	38	(1)
Problem Set 2	39	(3)
The Process of Sales Contract Formation	42	(26)
Hill v. Gateway 2000, Inc.	42	(10)
Ionics, Inc. v. Elmwood Sensors, Inc.	52	(12)
Problem Set 3	64	(4)
Formation with Leases, International Sales, and Real Estate	68	(18)
Formation of Contracts for Leases	68	(1)
Formation of Contracts for International Sales	69	(1)
Filanto v. Chilewich International Corp.	70	(3)
Formation of Real Estate Contracts	73	(2)
Albright v. McDermond	75	(6)
Messler v. Phillips	81	(2)
Problem Set 4	83	(3)
Statute of Frauds with Sales of Goods	86	(16)
DF Activities Corp. v. Brown	90	(6)
GPL Treatment, Ltd. v. Louisiana-Pacific Corp.	96	(4)
Problem Set 5	100	(2)
Parol Evidence with Sales of Goods	102	(13)
Betaco, Inc. v. Cessna Aircraft Co.	103	(7)
C-Thru Container Corp. v. Midland Mfg. Co.	110	(3)
Problem Set 6	113	(2)
Requisites to Formalization in Leases, International Sales, and Real Estate Sales	115	(16)
Requisites to Formalization in Leases	115	(1)
Requisites to Formalization in International Sales	116	(1)
MCC-Marble Ceramic Center, Inc. v. Ceramica Nuova D'Agostino, S.P.A.	116	(7)
Requisites to Formalization in the Real Estate System	123	(1)
Holbrook v. Holbrook	123	(4)
Problem Set 7	127	(4)
Terms	131	(148)
Warranties with Sales of Goods	131	(22)
The Effects of Warranty Law on Business Practice	131	(2)
The Basic UCC Quality Warranties	133	(1)
Leal v. Holtvogt	134	(5)
Reed v. Sears, Roebuck & Co.	139	(8)
Extended Warranties and Maintenance Agreements	147	(2)
Problem Set 8	149	(4)
Notice and Privity	153	(13)
Hebron v. American Isuzu Motors, Inc.	154	(5)
Crews v. W.A. Brown & Son, Inc.	159	(4)
Problem Set 9	163	(3)
Magnuson-Moss	166	(15)
Kemp v. Pfizer, Inc.	166	(3)
Jordan v. Transnational Motors, Inc.	169	(2)
McCurdy v. Texar, Inc.	171	(2)
McNamara v. Nomeco Building Specialties, Inc.	173	(6)
Problem Set 10	179	(2)
Lease, International, and Real Estate Warranties	181	(15)
Lease Warranties: The Case of Finance Leases	181	(1)
Warranties with International Sales	182	(1)
Medical Marketing Int'l v. Internazionale Medico Scientifica	183	(2)
Real Estate Warranties	185	(1)
Warranties Generally	185	(1)
Hershey v. Rich Rosen Construction Co.	186	(7)
Third-Party Home Warranties	193	(1)
Problem Set 11	194	(2)
Reducing or Eliminating Warranty Liability: Basics	196	(17)
Warranty Reduction with Sales of Goods	196	(3)
Wilbur v. Toyota Motor Sales, U.S.A.	199	(5)
Warranty Reduction with Leases	204	(1)
Warranty Reduction with International Sales	205	(1)
Supermicro Computer, Inc. v. Digitechnic, S.A.	205	(2)
Disclaiming the Real Estate Implied Warranty of Habitability	207	(1)
Axline v. Kutner	208	(2)
Problem Set 12	210	(3)
Reducing or Eliminating Warranty Liability: Advanced	213	(10)
Ismael v. Goodman Toyota	217	(4)
Problem Set 13	221	(2)
Commercial Impracticability	223	(19)
Commercial Impracticability with Sales of Goods	223	(2)
Lawrance v. Elmore Bean Warehouse, Inc.	225	(5)
Alamance County Bd. of Educ. v. Bobby Murray Chevrolet	230	(7)
Commercial Impracticability with Leases	237	(1)
Commercial Impracticability with International Sales	238	(1)
Commercial Impracticability with Real Estate	239	(1)
Problem Set 14	239	(3)
Unconscionability	242	(10)
Unconscionability with Sales of Goods	242	(2)
Maxwell v. Fidelity Financial Services, Inc.	244	(3)
Unconscionability with Leases	247	(1)
BMW Financial Services v. Smoke Rise Corp.	248	(1)
Unconscionability with International Sales	249	(1)
Unconscionability with Real Estate	249	(1)
Problem Set 15	249	(3)
Title with Sales of Goods	252	(15)
Kotis v. Nowlin Jewelry, Inc.	253	(6)
Rudiger Charolais Ranches v. Van De Graaf Ranches	259	(5)
Problem Set 16	264	(3)
Title with Leases, International Sales, and Real Estate	267	(12)
Title with Leases	267	(1)
Title with International Sales	268	(1)
Title with Real Estate	269	(1)
Keilbach v. McCullough	269	(4)
Hatch v. First American Title Ins.	273	(3)
Problem Set 17	276	(3)
Performance	279	(60)
Closing the Sale with Sales of Goods	279	(18)
North American Lighting, Inc. v. Hopkins Manufacturing Corp.	283	(6)
Bowen v. Foust	289	(4)
Problem Set 18	293	(4)
Closing with Leases, International Sales, and Real Estate	297	(19)
Closing with Leases	297	(1)
Colonial Pacific Leasing Corp. v. J.W.C.J.R. Corp.	297	(6)
Closing with International Sales	303	(1)
Delchi Carrier SpA v. Rotorex Corp.	304	(3)
Real Estate Closings	307	(1)
Gray v. First NH Banks	308	(4)
Problem Set 19	312	(4)
Risk of Loss with Sales of Goods	316	(15)
Cook Specialty Co. v. Schrlock	318	(5)
Design Data Corp. v. Maryland Casualty Co.	323	(4)
Problem Set 20	327	(4)
Risk of Loss with Leases, International Sales, and Real Estate	331	(8)
Risk of Loss with Leases	331	(1)
Risk of Loss with International Sales	331	(2)
Risk of Loss with Real Estate	333	(2)
Voorde Poorte v. Evans	335	(2)
Problem Set 21	337	(2)
Remedies	339	(118)
Seller's Remedies with Sales of Goods	339	(20)
Why Do Legal Remedies Matter at All?	339	(2)
What Are a Seller's Legal Remedies?	341	(2)
Weil v. Murray	343	(5)
Firwood Mfg. Co. v. General Tire	348	(6)
Problem Set 22	354	(5)
Lessor's and Seller's Remedies with Leases, International Sales, and Real Estate	359	(15)
Lessor's Remedies	359	(2)
C.I.C. Corp. v. Ragtime, Inc.	361	(5)
Seller's Remedies with International Sales	366	(1)
Seller's Remedies with Real Estate Sales	367	(1)
Williams v. Ubaldo	368	(3)
Problem Set 23	371	(3)
Seller's Remedies: Advanced Problems	374	(17)
The Lost-Volume Seller	374	(3)
Sure-Trip, Inc. v. Westinghouse Engineering	377	(7)
Young v. Frank's Nursery & Crafts, Inc.	384	(3)
Problem Set 24	387	(4)
Buyer's Remedies with Sales of Goods	391	(15)
Chronister Oil Co. v. Unocal Refining & Marketing	394	(7)
Problem Set 25	401	(5)
Buyer's and Lessee's Remedies with Leases, International Sales, and Real Estate	406	(12)
Lessee's Remedies	406	(1)
Buyer's Remedies with International Sales	407	(3)
Buyer's Remedies with Real Estate	410	(1)
Jue v. Smiser	411	(3)
Problem Set 26	414	(4)
Buyer's Remedies: Advanced Problems	418	(20)
The ``Lost-Profits'' Buyer	418	(1)
Jetpac Group, Ltd. v. Bostek, Inc.	419	(6)
TexPar Energy, Inc. v. Murphy Oil USA, Inc.	425	(4)
KGM Harvesting Co. v. Fresh Network	429	(5)
Problem Set 27	434	(4)
Special Remedies	438	(19)
Specific Performance	438	(2)
In re Bullet Jet Charter, Inc.	440	(4)
Liquidated Damages	444	(1)
Kvassay v. Murray	444	(6)
Special Remedies When the Breaching Party Is Insolvent	450	(2)
Problem Set 28	452	(5)
Table of Cases	457	(6)
Table of Statutes	463	(6)
Index	469