Question
Jen, a non-merchant, held her annual spring yard sale at her residence. Jen hopes to sell a variety of goods she no longer wants. Chloe,
Jen, a non-merchant, held her annual spring yard sale at her residence. Jen hopes to sell a variety of goods she no longer wants. Chloe, Jen's next-door neighbor, was walking past Jen's house and stopped at the yard sale. Chloe saw a lamp that she decided to buy. Jen had attached a "$50.00" price tag on the lamp. Chloe said to Jen, "I'll give you $50.00 for it." and paid Jen the full price in cash. Jen then said, "I'm going to leave it on the table and look around a little more--maybe I'll find something else to buy." Just them, two children playing and chasing each other while their parents shopped, bumped the table the lamp was on. The lamp fell to the ground and broke.
1. The laws of the Uniform Commercial Code...
Select one:
a. apply to Jen's yard sale because Jen is selling goods
b. apply at Jen's yard sale but only if the total of the goods Jen sells at the yard sale is $500 or more
c. do NOT apply at Jen's yard sale because she is a non-merchant
d. only choice (a) and (b) are correct
e. none of the above
2. See fact pattern above to answer the following:
When the lamp broke, title to the lamp belonged to
Select one:
a. Jen because Chloe had not yet taken actual possession of the lamp
b. Chloe because Chloe paid Jen for the lamp and could have taken possession of it
c. Jen and Chole, in equal 50/50 shares, because Jen had actual possession of the lamp and Chloe had paid for it
3. See fact pattern above to answer the following:
Chloe did not want the lamp after it broke. Legally, Jen must refund
Select one:
a. one-half ($25.00) back to Chloe because Jen still had actual possession of the lamp
b. the full price ($50.00) back to Chloe because Chloe had not yet taken actual possession of the lamp
c. nothing back to Chloe because Chloe could have taken possession of the lamp but didn't
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