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Commercial Law
Chapter 13 Vocab
16
Law
Graduate
12/10/2012

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Term
Tender
Definition
to put the goods where the buyer can take control of them, and give the buyer notice that the goods are available.
Term
Bailee
Definition
the person TO WHOM the property is entrusted in a bailment; the bailee has a fiduciary responsibility to take care of it.
Term
Bailor
Definition
the person WHO ENTRUSTS property to another in a bailment
Term
Document of Title
Definition
a paper which states that the holder of the paper has the right to possession of the goods listed thereon; ex. a warehouse receipt
Term
Common Carrier
Definition
a company engaged in a business for transporting goods for compensation
Term
Shipment Contract
Definition
the seller performs by handing over the goods to a common carrier. Performance is complete when given to the carrier.
Term
Destination Contract
Definition
the seller performs by getting the goods to a place designated by the buyer.
Term
FOB
Definition
Free on Board; determination of shipping to know the seller's and the buyer's responsibilities under the contract.
Term
FOB origin
Definition
place of origin; once the seller brings the goods to the carrier he has performed and the carrier/buyer is responsible for the goods. Buyer assumes risk of loss.
Term
FOB destinatin
Definition
the seller is responsible for the goods until it gets to its destination. Seller assumes risk of loss.
Term
Draft
Definition
an order in writing by one party to a bank to pay a sum of money to a third party;

if parties agree the payment is by draft meaning A CHECK;
Term
Letter of credit
Definition
a written promise by the bank that it will honor drafts upon it by a specified customer.
Term
Sale on Approval K
Definition
the buyer purchases goods with the understanding that they can be returned.
Term
Sale or return K
Definition
consignment contract type situations; purchasers obtain goods for a resale and can return the unsold goods with no legal ramifications (no breach). Payment is usually after the sale.
Term
Auction without reserve
Definition
once the auctioneer calls for bids the items cannot be withdrawn (offer is out) unless there is no bid.
Term
Auction with reserve
Definition
auctioneer may withdraw the goods at any time prior to the completion of the sale.
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