Exam 21: Transfer of Title and Risk of Loss

The transfer of possession but not title to a buyer for a trial period is known as:

Brett contracts to purchase a particular hybrid from Johnson's car lot.At what point does Brett obtain a "special property interest" in the car?

Z, a seller in Miami, enters into a contract which states that goods are to be delivered to X, a buyer in New York.Title is to remain with Z until delivery.This is:

The Windows, Inc.v.Jordan Panel Systems Corp.case dealt with title and risk of loss under a destination contract.

When goods are to be physically moved by a third-party carrier and delivery is made by physically moving the goods, title passes at the time and place at which the seller completes performance.

The Code has enlarged the common law voidable title doctrine by providing that a good faith purchaser for value obtains title from one possessing voidable title even if that person obtained voidable title by: a.criminal fraud punishable as larceny. b.fraud as to her identify. c.exchange for a subsequently dishonored check. d.an agreement that the transaction was to be a cash sale, and the sales price has not been paid. e.All of the above.

Mary orders a dress for $1,000.The designer sends the wrong size.Mary doesn't inspect the dress on arrival and therefore doesn't discover the nonconformity until the day before she is to wear it to her first board meeting as president of Tri-State Engineering.She calls the designer and sends the dress back, but it is lost in the mail.Mary's insurance would cover $400 of the loss.The designer's insurance would cover $900.Who is liable?

It is possible for a seller to have the power but not the right to transfer title to a buyer.

A voidable title is no title.

If the owner of goods entrusts them to a merchant, the merchant can transfer good title to the goods to a buyer in the ordinary course of business even if the original owner does not want to sell the goods.

Title to existing, identified goods can pass whenever the parties agree it will pass.

Duncan Supply has consigned goods to Huffman Hardware.Huffman's creditors may not take possession of the consigned goods to satisfy their claims against Huffman.

The UCC "risk of loss" rules assign the loss according to who has ownership of the goods.

Howard stole a word processor and then sold it to his friend Ivan for $100.Ivan has:

Alex sees Mona's ring, and he thinks it is very valuable.He uses physical duress to cause her to give him the ring, and he quickly sells it to unsuspecting Hanna's Antique Jewelry Shop for $5,000.A month later, Mona discovers her ring on sale at Hanna's.Can Mona get the ring back?

Tom makes pottery in his spare time.Jackie asks if he'd sell her a covered bowl.Later that day, he telephones her and says she can have it for $50.She agrees, so he tells her he'll wrap it up for her and it will be ready in half an hour.Six days later, Jackie had not yet come for the bowl when a dog knocks the box off the shelf and breaks the bowl.Who is liable?

When one party breaches the sales contract, the Code places the risk of loss on that party.

Inga runs a Swedish health spa in Connecticut.She orders 100 loofah sponges from a company in California.They are sent "F.O.B.Hartford, Connecticut," but they never arrive.What consequence?

Tender requires that the seller, at a reasonable time:

In __________ the goods are sold and delivered to the buyer with an option to return them to the seller.