[Anonymous]

I get a little confused with goods being sold and then the concurrent delivery contract. I understand that the sale of goods is UCC, but if the parties decide to have a delivery contract afterward would that be considered a service thus common law rules would apply to that separate contract?

[PocketsWithCash]

Do you have an example of a question for this? From what I recall delivery contracts are always implied to be part of the sale of goods in these questions, thus UCC. You might be going beyond the scope of the exam material. Technically I would guess a common law contract could be negotiated if you had a new offer & acceptance, consideration from both parties, and lack of defenses pertaining to the service contract, provided it's not considered an amendment of the original contract.

FAR 97
REG 91
AUD 5/30/14
BEC 7/11/14

[PocketsWithCash]

Do you have an example of a question for this? From what I recall delivery contracts are always implied to be part of the sale of goods in these questions, thus UCC. You might be going beyond the scope of the exam material. Technically I would guess a common law contract could be negotiated if you had a new offer & acceptance, consideration from both parties, and lack of defenses pertaining to the service contract, provided it's not considered an amendment of the original contract.

FAR 97
REG 91
AUD 5/30/14
BEC 7/11/14

[QuesoDip]

I don't think I've seen any practice questions or review material that necessarily cover what you're asking. Goods being sold that fall under the UCC are bound to the FOB Shipping Point/Destination agreement between the vendors. The reason for this is to determine when risk of loss transfers to the purchaser. For example, under an FOB shipping point contract, I'm no longer liable for any damage/theft as soon as I tender delivery of the goods to the common carrier. Under FOB destination, if the goods are damaged or stolen before delivery occurs at their location, I'd be liable to the purchaser for the goods.

Common law won't affect this. An example question would help me understand what you're asking.

REG - 88 - 8 Weeks (Becker, Ninja Audio/Flashcards, Wiley TB)
FAR - 87 - 10 Weeks (Becker, Ninja Audio)
AUD - 98 - 6 Weeks (Becker, Ninja Audio, Ninja MCQ)
BEC - 87 - 2 Weeks (Becker & Ninja Audio)

[QuesoDip]

I don't think I've seen any practice questions or review material that necessarily cover what you're asking. Goods being sold that fall under the UCC are bound to the FOB Shipping Point/Destination agreement between the vendors. The reason for this is to determine when risk of loss transfers to the purchaser. For example, under an FOB shipping point contract, I'm no longer liable for any damage/theft as soon as I tender delivery of the goods to the common carrier. Under FOB destination, if the goods are damaged or stolen before delivery occurs at their location, I'd be liable to the purchaser for the goods.

Common law won't affect this. An example question would help me understand what you're asking.

REG - 88 - 8 Weeks (Becker, Ninja Audio/Flashcards, Wiley TB)
FAR - 87 - 10 Weeks (Becker, Ninja Audio)
AUD - 98 - 6 Weeks (Becker, Ninja Audio, Ninja MCQ)
BEC - 87 - 2 Weeks (Becker & Ninja Audio)

[Author]

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