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Chapter 19
Business Law
18
Law
Undergraduate 4
10/12/2010

Additional Law Flashcards

 


 

Cards

Term
identification of goods
Definition
distinguishing the goods named in a contract from the seller's or lessor's other goods
Term
future goods
Definition
goods not yet in existence (ex. ungrown crops, unborn stock animals)
Term
title
Definition
legal, tangible evidence of ownership of goods
Term
shipment contract
Definition
a contract that requires the seller to ship the goods to the buyer via a common carrier - title passes to the buyer at the time and place of shipment
Term
destination contract
Definition
a contract that requires the seller to deliver the goods either to the buyer's place of business or to another destination specified in the sales contract
Term
document of title
Definition
an actual piece of paper, such as a warehouse receipt or bill of lading, that is required in some transactions of pickup and delivery - the seller bears the risk of loss during transportation
Term
bailee
Definition
a holder of goods who is not a seller or a buyer
Term
sale on approval
Definition
a type of sale in which there is no actual sale unless and until the buyer accepts the goods
Term
sale or return contract
Definition
a contract in which the seller delivers goods to a buyer within the understanding that they buyer may return them if they are not used or resold within a state or reasonable period of time
Term
consignment
Definition
an arrangement in which a seller (the consignor) delivers goods to a buyer (the consignee) to sell
Term
void title
Definition
a situation in which a thief acquires no title to goods he or she steals. Also known as a void leasehold interest.
Term
voidable title
Definition
a title that a purchaser has if the goods were obtained by 1) fraud 2) a check that is later dishonored or 3) impersonation of another person. Also known as voidable leasehold interest.
Term
good faith purchaser for value
Definition
a person to whom good title can be transferred from a person with voidable title. The real owner cannot reclaim goods from a good faith purchaser for value.
Term
good faith subsequent lessee
Definition
a person to whom a lease interest can be transferred from a person with voidable title. The real owner cannot reclaim the goods from the subsequent lessee until the lease expires.
Term
buyer in the ordinary course of business
Definition
a person who in good faith and without knowledge that the sale violates the ownership or sercurity interest of a third party buys goods in the ordinary course of business from a person in the business of selling goods of that kind. A buyer in the ordinary course of business takes the good free of any third-party security interest in the goods.
Term
Goods acquired by theft are resold
Definition
void title, the purchaser of the goods may not lay claim on the goods, only the original owner may reclaim the goods.
Term
goods acquired by fraud or dishonored check are resold
Definition
voidable title, the purchaser takes goods, free of claim of the original owner
Term
goods entrusted to owner to merchant who deals in that type of goods are resold
Definition
no title, the purchaser takes goods, free of claim of the original owner
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