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Sales : A Systems Approach

by Keating, Daniel L.

ISBN13: 9780735524651
ISBN10: 0735524653
Additional ISBN(s): 9780735556515
Edition: 2nd
Format: Hardcover
Copyright: 2002-12-01
Publisher: Wolters Kluwer
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1. Sales : A Systems Approach > ISBN13: 9780735524651

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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

Preface

xvii

Acknowledgments

xxi

Formation

(130)

The Role and Scope of Codes in Sales Systems

(23)

Fundamental Aspects of Sales

(2)

The Real World of Sales

(2)

Functions of a Code in Sales Systems

(2)

Scope of Article 2

(3)

Rogus Co. v. City of Chicago

(3)

Rossetti v. Busch Entertainment Corp.

(3)

Cook v. Downing

(4)

Problem Set 1

(4)

Scope Issues with Leases, CISG, and Real Estate

(18)

Scope of Article 2A

(3)

Carlson v. Giachetti

(3)

In re Nationwise Automotive, Inc.

(5)

Scope of the CISG

(1)

Viva Vino Import Corp. v. Farnese Vini S.r.l.

(2)

Real Estate

(1)

Problem Set 2

(3)

The Process of Sales Contract Formation

(26)

Hill v. Gateway 2000, Inc.

(10)

Ionics, Inc. v. Elmwood Sensors, Inc.

(12)

Problem Set 3

(4)

Formation with Leases, International Sales, and Real Estate

(18)

Formation of Contracts for Leases

(1)

Formation of Contracts for International Sales

(1)

Filanto v. Chilewich International Corp.

(3)

Formation of Real Estate Contracts

(2)

Albright v. McDermond

(6)

Messler v. Phillips

(2)

Problem Set 4

(3)

Statute of Frauds with Sales of Goods

(16)

DF Activities Corp. v. Brown

(6)

GPL Treatment, Ltd. v. Louisiana-Pacific Corp.

(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

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Sales : A Systems Approach

Summary

Table of Contents

Supplemental Materials

Rewards Program