Download Misrepresentation of Goods and Services: Cases in Commercial Law and more Exams Law in PDF only on Docsity! Exam number Final Examination Sales Professor Hallinan Spring term, 1997 INSTRUCTIONS (1) Please write your examination number in the space above and on the front of each bluebook that .youuse. Do not identify yourself in any other way. (2) The examination consists of six questions on four numbered pages (exclusive of this cover sheet). You will have three hours to complete it. Each question will be weighted equally with each of the others in grading. (3) You may have with you and use during the examination your copy of the statutory supplement (Selected commercial Statutes, commercial and Debtor-Creditor Law: Selected Statutes, or the like), which may be annotated in any way that you see fit. You m~y not have with you or refer to any other materials of any kind during the examination. (4) Your answer to each question may not exceed one side of one bluebook page (two sides if you skip every other line). Any part of an answer that exceeds that limit will not be read. (5) To the extent that it matters, and indicates otherwise, you should assume that under a bill of lading is a shipment wholly commerce. unless a question any shipment of goods in intrastate ~(,#;;~ \.S,((l>~ RESERVE e::"tA>?< Ouest ion 1 Over the years, Fred and his next-door neighbor Barney have developed a system for mutual borrowing of lawn mowers, ladders, and so on. Under the system, the two have printed up $500 in Fred'n'Barney Bucks ("FnB Bucks") -- play paper money that they use as paYment for "renting" equipment from each other. The system has a rental paYments schedule, specifying the daily rental amount for various categories of tools and other items that the two might borrow from one another. Wh~never one of th~ two borrows something from the other, the borrower pays for its use in FnB Bucks according the rental schedule. If either party accumulates more than $300 in FnB Bucks, the other party has to buyout the surplus amount with genuine cash, thereby keeping the parties' positions relatively even. Last summer, pursuant to this system, Fred borrowed Barney's $300 extension ladder, intending to use it in painting his home. without telling Barney, however, Fred then took the ladder to his used furniture store, planning to use it for paint jobs there. When he was done with the painting, Fred stored the ladder at the store, intending to take it back to Barney soon. In fact, Fred soon forgot that he had the ladder and didn't get it back to Barney. Three weeks later a clerk in Fred's store sold the ladder to Wilma, a customer who paid full price for it without any knowledge or reason to know of the ladder's history and provenance. Barney has sued Wilma seeking return of the ladder. Should he prevail? Why or why not? Ouestion 2 Framboise, a lawyer, decided to buy a new computer system for his office. After reading up on the subject (but not a whole lot), he visited his local CompAmerica superstore. While there, he examined several different models of computers. He was most impressed, however, by a system that was set up and operational on the showroom "floor. The brochure displayed with the system labelled its as an HV97Z. In fact, the system was an HV97Q. The difference between the two models had to do with the size of the monitor: the 97Z had a 21-inch monitor, while the 97Q had only a 15-inch monitor. "The difference in price between the two systems would ordinarily be about $1,000. The floor model was a close-out item, however, and the price on its tag was substantially lower than either a 97Z or a 97Q would have been new. In any case, after talking to a salesperson, Framboise said, "I want that one," pointing to the mismarked floor model. The salesperson wrote the order down as "1 computer system, model HV97Z" and he and Framboise both signed it. The salesperson then took Framboise's money and loaded the computer into Framboise's car. Framboise took the computer to his office and set it up. Sales Exam p. 1
