SALES §321B SYLLABUS
Professor Cheryl R. Lee
CLASS
6:30-9:45 p.m.
Office Hours: Tuesday 4:30-6:45
(Other times by appointment)
Spring 2007
Required Texts
Problems & Materials on Sales and Lease of Goods, Whaley (Fourth Edition,
2004) Aspen
Selected Commercial Statutes, (2005 Edition) West Group Publishing
Recommended Texts: Uniform Commercial Code, White and Summers (Fourth Edition)
Commercial Law: Essential terms & Transactions, John Dolan, (Second Edition)
Aspen
Policies Regarding Student Work
Class Attendance:
You must attend class, and the professor grants no waivers or dispensations.
Class Preparedness and Oral Participation:
You must be prepared for every class. You are expected to participate in class
discussions whenever you are invited to do so. Effective participation is valued.
Learning from your colleagues as well as contributions of your own that
demonstrates sound analysis is highly encouraged. An occasion of unpreparedness
does not exempt you from participation on that occasion. The professor does not
accept notes or excuses from participation prior to class. Any student who is
unprepared on two occasions in the term becomes subject to dismissal from the
course. Within each assignment, please read all of the material in the order shown.
When sections of the UCC are assigned, you should read (in the Statutory
Supplement) the sections of the Code referred to in the text. You should also read
the Official Comments to those sections. You will be expected to be able to discuss
the problems assigned. In order to do so, prepare a draft answer to each
problem assigned. This approach is tremendously helpful to your understanding
of the Code as well as for moving class sessions along. Class discussion will be
oriented around one of more primary cases and problems, noted below. A thorough
attempt at understanding of this material will be assumed in class discussion.
Please also be certain to read any note sections that fall within the assigned
casebook reading. Reading in the casebook is designed to provide you with
understanding of the underlying sales transactions that the UCC governs.
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Study Tips:
When writing out answers to the assigned problems use the format below. This is
the same format I expect you to use on the final exam. It is called the CIRAC
approach.
Conclusion:
Draft a brief statement that answers the most important question presented by the
fact pattern in the problem.
Issue:
Using your own words state the most important question presented by the fact
pattern in the problem.
Rule:
Identify the relevant sections of the UCC that govern the issue. There may be more
than one pertinent section.
Analysis:
Apply the rule or rules you identified in the previous section-to the facts. In your
own words, make a brief statement of the determinative facts. In many of the
problems, sub-issues will be raised by the facts. Discuss these sub-issues here
using the CIRAC format.
Conclusion:
Again state the results of the application of the relevant rules to the determinative
facts.
Schedule of Readings & Written Assignments
Read all of the materials designated for each class. Read and formally brief each
case to understand its facts, the arguments made by the parties and the decisions
reached by the courts. Reread every case as many times as needed until you
understand it.
Prepare a draft answer to each problem assigned. Designating a case or note in the
casebook as a primary case does not in any way suggest that other cases or notes in
the assigned casebook reading may not be discussed. We will cover the problems
assigned as time allows.
NOTE: Hornbook sections may not be discussed or examined in this class, but
this material has been found by students to lend greater understanding
to the required reading in the casebook.
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Week 1 – Tuesday, January 16 Article Two – Goods/ Merchants
Introductions & Opening Discussion – Why this course is important?
CB pp. 1 -33
Target Cases: Milau Associates v. North Avenue Development
Anthony Pools v. Shehan
Siemen v. Alden
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Problems: 1, 2 & 3
UCC Sections: 2-101
2-315
2-102
2-314
2-725
2-104
2-316
2-105
6-103
2-107
9-109
2-313
2-601
_______________________________________________________________________________
Week 2 - Tuesday, January 23
Scope of Article 2A –
Contract Formation Statute of Frauds
CB pp 33 – 50
Target Cases: St. Ansgar Mills v. Streit
Problems 4, 6, 7, 8
UCC Sections:
2-102
2-106
1-201
2-201
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Week 3 – Tuesday, January 30
Contract Formation
Offer & Acceptance
CB pp 51-76
Target Cases: Columbia Nitrogen Corp v. Royster
Diamond Fruit Growers v. Krack Corp.
Bayway Refining Co. Oxgenated Marketing & Trading Co.
Problems: 9, 10, 11, 12, 13, 14
UCC Sections:
2-207
2-309
2-715
2-719
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Week 4 - Tuesday, February 6
Conclude Contract Formation
Creation of Warranties – Warranty of Title
CB pp 76-111
Target Cases:
Leonard Pevar v. Evans Products Co
Shaffer v. Victoria Station
Problems: 15, 16, 18, 20, 21, 22, 23, 24, & 25
UCC Sections:
2-201
2-104
1-205
2-312
2-313
2-314
2-403
1-103
2-607
2-207
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Week 5 - Tuesday, February 13
Reducing/Limiting Warranty Liability
Warranty of Title
CB pp 112-122
Target Cases:
Daniell v. Ford Motor Co.
Webster v. Blue Ship Tea Room
Problems: 26, 27, 28, & 29
UCC Sections: 2-313
2-209
2-315
2-719
2-316
2-314
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Week 6 - Tuesday, February 20
Continue Reducing/Limiting Warranty
Liability-Disclaiming Implied Warranties
CB pp 123-147
Target Cases:
Bell Sports v. Yarusso
Cate v. Dover
Bowdoin v. Showell Growers
Problems: 30, 31 & 32
UCC Sections:
2-313
2-209
2-314
2-719
2-315
2-316
____________________________________________________________________________________________
Week 7 - Tuesday, February 27
Warranty Defenses-Limiting Warranty
Liability Notice, Privity
CB pp 154-175
Target Cases:
Wilson Trading Corp. v. David Ferguson, LTD
Pierce v. Catalina Yachts, Inc.
Problems: 33, 35, 36
UCC Sections:
2-302
2-313
2-314
2-316
2-318
2-207
1-106
2-508
2-515
2-607
2-714
2-715
2-718
2-719
_____________________________________________________________________________________
Week 8 - Tuesday, March 6
Warranties and the Magnuson Moss Act
Warranties and Article 2A
CB pp 170-214
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Target Cases:
Ventura v. Ford Motor Corp.
Colonial Pacific Leasing v. McNatt Datronic Rental
Problems: 38, 39, 40, 41 & 42
UCC Sections: 2-301
2-302
2-303
2-304
2-308
2-310
2-311
2-314
2-608
2-711
2-719
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Week 9 - Tuesday, March 13
Semester Break
NO CLASS
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Week 10 - Tuesday, March 13
Nonperformance of the Contract
Filing the Gaps, Repudiation,
Unconscionability Risk of Loss,
Identification of the Goods, Delivery
CB pp 215-232
Target Cases: Landrum v. Devenport
Problems: 43, 44, 45, 46, 47, 48, 49 & 50
UCC Sections:
1-201
1-205
1-207
2-105
2-302
2-305
2-311
2-319
2-320
2-322
2-324
2-401
2-501
2-503
2-504
2-505
2-509
2-510
2-610
2-611
2-709
_____________________________________________________________________________________
Week 11 - Tuesday, March 20
Continued-Nonperformance of the Contract
Filing the Gaps, Repudiation, Unconscionability
Risk of Loss, Identification of the Goods,
Delivery
CB 232-238
Target Cases: Rheinberg – Kellerel v. Vineyard Wine
Problems: 51 & 52
UCC Sections:
1-201
1-205
1-207
2-105
2-302
2-305
2-311
2-319
2-320
2-322
2-324
2-401
2-501
2-503
2-504
2-505
2-509
2-510
2-610
2-611
2-709
_____________________________________________________________________________________
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Week 12 - Tuesday, March 27
Contract Performance-Installment Sales
Perfect Tender Rule, Rejection and Acceptance
CB 239-260
Target Cases:
Cherwell-Ralli v. Rytman Grain
Wilson v. Scampoli
Ramirez v. Autoport
Problems: 53, 54, 55, 56 & 57
UCC Sections:
2-105
2-106
1-201
1-205
2-301
2-503
2-504
2-507
2-508
2-511
2-601
2-612
2-703
_____________________________________________________________________________________
Week 13 - Tuesday, April 3
Contract Performance-Revocation of
Acceptance, Risk of Loss, Breach &
Impossibility
CB 266-303
Target Cases: Rester v. Morrow
Jakowski v. Carole Chevrolet
Arabian Score v. Lasma Arabian LTD
Problems: 58, 61, 63, 64, 65 & 66
UCC Sections: 2-105
2-106
2-102
1-201
1-205
2-301
2-503
2-504
2-507
2-508
2-511
2-601
2-612
2-703
2-609
2-615
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Week 14 - Tuesday, April 10
Remedies-Special Remedies
Sellers Remedies
Liquidated Damages, Buyers Restitution,
Accepted Goods, Unaccepted Goods,
CB 305-318
Target Case:
Teradyne v. Teledyne Industries
Problems: 68, 69, 70, 71 & 72
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Week 15 - Tuesday, April 17
Remedies-Special RemediesBuyers Remedies, Accepted Goods,
Unaccepted Goods,
Anticipatory Repudiation & The Statute
of Limitations
CB 319-323 and 333-344
Target Case: Tongish v. Thomas
Problems: 74, 75, 76, 77, 78 & 80
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Tuesday, April 24
REVIEW AND EXAM DISCUSSION
Last Day of Classes Wednesday April 25
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