comm transactions ag 1

Chapter 21: Introduction to Sales and Leases

Read pp 422-434.

Read Commerce & Industry Insurance Company v. Bayer Corporation, (p. 438).

Read and consider problems 1, 2, 6, 7, 8, 12, and 18 beginning on page 440. You do not need to submit responses to these questions.

Listen to the four VoiceThreads (VTs) for this Chapter. They can be found in the Content tab under Assignment #1.

Note: Do not submit the written portion of this assignment until you have completed the four VTs. Provide proof of completion with your submission. For an example of the proof you can provide, see the attached doc called, “Sample Proof of VT Completion” found in the Content tab under Assignment #1.

Read the following article:

Written submission due after all of the above coursework has been completed:

Fact pattern:

Buyer sends Seller a purchase order. Seller replies by sending an acknowledgment form. The acknowledgment form contains a provision never previously appearing which disclaims (denies) any warranty on the product. Soon, Seller sends goods to Buyer and Buyer forwards payment. Buyer then finds the goods to be defective and claims that there is a breach of warranty by Seller.

Questions:

1. Is there a contract between the parties? Explain why or why not and support your position.

2. If there is a contract, is the Seller’s warranty disclaimer a part of the contract? Explain why or why not and support your position.

In a two to three paragraph essay, with each paragraph being a minimum of four to six sentences, be sure to fully explain your answer to each of the two questions. You must make references to relevant legal concepts including the mirror image rule, the battle of the forms, additional terms, etc. This must be in your own words and, when referring to an applicable section of the UCC, you do not have to quote from it directly.