question 1 :: contracts / sales

1. contract formation: Offer and acceptance alone do not create a valid contract. Remember that valid contract formation requires mutual assent (i.e., offer and acceptance), consideration, and no defenses. While contract formation was not a major issue in this question, examinees should still indicate all of the requirements for a valid contract formation.

2. shipment v. destination contracts: In a shipment contract, risk of loss passes to the buyer when the goods are duly delivered to the carrier. In a destination contract, risk of loss passes to the buyer when the goods are tendered to the buyer at the destination. If facts are ambiguous or confusing as to whether a shipment or destination contract applies, examinees might want to consider addressing the possible outcomes under both scenarios.

3. consistency: When confronted with a specific number of carts (here, there were 12 carts in the question), examinees must account for all of the carts (no more, no less). Many examinees distributed responsibility in the following manner: Golf Carts Unlimited, 5 carts; Sporty Sport, 7 carts; and VJ Trucking, 2 carts. By reaching this conclusion, examinees have accounted for 14 carts, two more than what existed in the fact pattern.

4. sale of goods: Article 2 of the UCC deals with transactions in goods. There is no dollar amount requirement for the UCC to apply. (Examinees should not be confused with the applicability of the Statute of Frauds, which require a contract to be in writing if the contents involve the sale of goods for $500 or more)

5. ucc: When dealing with the UCC, examinees should state that the UCC applies at the very beginning of your response. There are significant and different rules that are in play when the UCC is applicable. Examinees should inform the grader early on in the discussion that they know these major distinguishing features between the UCC and common law.

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8%
34%
25%
17%
12%
3%
0%

contracts / sales :: 3.1 (out of 7)

score percentage