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UCC article Two Sales Contracts 2a) On one of my frequent trips to my parents' house, I stop by the Fuciillo Automall and agree to

UCC article Two Sales Contracts

2a) On one of my frequent trips to my parents' house, I stop by the Fuciillo Automall and agree to purchase my dream car a 1977 Burt Reynolds Limited Edition Smokey and the Bandit Memorial Pontiac Trans Am with T-Top and deep dish turbo aluminum wheels.Billy tells me that he needs the weekend to prep the car for delivery and to check to see if the 8-track player still works.The next day, the Automall is burned down by a disgruntled former employee?Who bears the risk of loss and why?

2b)Suppose I drive the car home, and my wife takes one look, and tells me that I have to sell the vehicle [shades of one of my favorite movies "American Beauty"].You and I enter into a contract for its purchase, and you agree to pick the vehicle up the next day.Another student in the class, frustrated with my seemingly never ending lectures on the UCC finds my home, and burns it to the ground, taking the car with it.Who bears the risk of loss and why?

Years ago, before our most recent mini van purchase, we had another van.At that time it was virtually impossible to purchase a Honda Odyssey [the then most desired mini van].I went to the dealer and ordered a 2004 havasu blue Honda Odyssey with a leather interior.When I ordered the car the sales person asked me what I did for a living, and I responded that I was a shepherd.The contract provided that the vehicle would be delivered in nine weeks.Six weeks later I received a call from the dealer who told me that my van was ready for delivery.When I arrived at the dealership, the dealer drove up in my new van, a granite green minivan with a cloth interior.Taken aback, I told the salesperson that this was not the vehicle I ordered.The dealer responded that I had entered into a contract and had to take the car.My immediate response was, as any good shepherd would know, that I was not taking the vehicle and invoking the perfect tender rule.

3a) What arguments would I advance in support of my position?

3b) What arguments or exceptions will the dealership invoke?

3c) Who wins and why?Please explain fully.

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