classifications of bailments
1. Please identify and discuss the three classifications of bailments and give an example of each. Be certain to include in your discussion:
a. The terms for the parties to the bailment
b. The duty of care required in each type of bailment
c. Which party in a bailment has title to the property
d. The special bailment duties of common carriers and innkeepers.
2. Please name and describe the important features of the four types of deeds to real property that are used in the United States. Be certain to explain the protections each deed gives to the buyer of the land.
3. Please identify and explain fully 3 advantages and 2 disadvantages for a commercial enterprise to do business as a corporation.
4. Well-drafted contracts anticipate problems that might arise and provide mechanisms for resolving them. Identify and discuss 6 contract provisions that should be included in a well-drafted international contract. How do these provisions address problems unique to transnational transactions?
5. What is an option contract and why is it so frequently used in commercial and real estate transactions?
6. Distinguish between fraudulent and innocent misrepresentation. How do the remedies for these two forms of misrepresentation differ?
7. Please explain the differences between a donee beneficiary, a creditor beneficiary and an unintended beneficiary and give an example of each.
8. The Code governs the sale of goods by any individual, but has many special provisions that apply only to merchants.
What makes a seller a “merchant” under the Code? Give two examples of transactions in which buyers are favored over merchant sellers. In your opinion, why does the Code impose different responsibilities on merchant buyers and sellers than it does on non-merchant parties to a sales contract?
9. Buyers are given many ways under the Code to meet their business needs after a seller has breached a contract.
Describe in detail the options available to a buyer if a seller repudiates the contract before the delivery date. What damages can he recover from the seller and how will the damages be calculated?
Describe in detail the options available to a buyer when he receives a non-conforming tender. What damages can he recover from the seller and how will the damages be calculated?
10. Please identify and explain three warranty provisions in the Code that would favor a plaintiff who suffered personal, property and economic injuries from a defective product.
Bonus 10 Points
The Uniform Commercial Code recognizes four important exceptions to the Statute of Frauds. Please explain and give examples of each of the four exceptions.
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