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on june 1, nelbell motors, a used-car dealer, wrote a letter... On June l, Nelbell Motors, a used-car dealer, wrote a letter to Oskern, which
on june 1, nelbell motors, a used-car dealer, wrote a letter...
On June l, Nelbell Motors, a used-car dealer, wrote a letter to Oskern, which stated, "We have a 1989 Malibu Chevrolet in mint condition that we will sell you for $14,500 at any time before July I .[SignedlNewtownMotors." By June 15, having heard nothing from Oskern, Nelbell Motors sold the Malibu to another party. On June 25, Oskern told Nelbell Motors that he accepted the offer and tendered $14,500. When Nelbell Motors told Oskern it had sold the car to another party, Oskern claimed Nelbell Motors had breached their contract. a.State and explain the section(s) of the UCC that applies in this situation. b.State whether there is a contract between the parties based on the UCC. c. Apply the law to the facts and state whether Nelbell has breached a contract. Malloy orders from Paulsen one thousand widgets of Stenson brand widgets from Lot A at list price to be shipped F.O.B. Paulsen's city via Speedy Freight Lines. Paulsen receives the order and immediately sends Malloy an acceptance of the order with a promise to ship promptly. Paulsen later separates the one thousand widgets of Stenson brand widgets and prints Malloy's name and address on each case. The widgets are placed on Paulsen's dock, and Speedy Freight is notified to pick up the shipment. The night before the pickup by Speedy Freight, through fault of Paulsen's, a fire destroys the one thousand widgets. Paulsen claims that title passed to Malloy at the time the contract was made and that the risk of loss passed to Malloy when the goods were marked with Malloy's name and address. a. State and explain the law regarding when title passes and risk of loss. b. Once you explain, apply the law to the facts and state your conclusion. c. When did title pass and who has the burden of the loss?
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