Bài giảng môn Quản trị kinh doanh - Chapter 14: Business law with ucc applications,13e

Business Law with UCC Applications,13eSales Contracts Rights, Duties, Breach, and WarrantiesChapter 14McGraw-Hill/Irwin Copyright © 2013 by The McGraw-Hill Companies, Inc. All rights reserved.Learning ObjectivesDescribe what is meant by tender of performance.Outline the rights and duties of sellers and buyers in a sales contract.Explain the doctrine of anticipatory breach.Discuss the seller’s and the buyer’s remedies in case of a breach.Define the term statute of limitations .Learning Objectives (cont.)Describe the three ways in which an express warranty may be created.State the requirements of the Magnuson-Moss Warranty Act.Differentiate among the implied warranties of fitness for a particular purpose, merchantability, and usage of trade.Explain the meaning of a warranty of title.Recognize the ways in which warranties may be excluded.Sales Contracts Rights, Duties, Breach, and WarrantiesRights and Duties of the PartiesTender of PerformanceBuyer’s Rights and DutiesSeller’s Rights and DutiesSales Contracts Rights, Duties, Breach, and WarrantiesTender of PerformanceMaking proper tenderTender of payment by buyerSales Contracts Rights, Duties, Breach, and WarrantiesBuyer’s rights and dutiesRejection of goods by the buyerAcceptance of goods by the buyerRevocation of acceptanceSales Contracts Rights, Duties, Breach, and WarrantiesBreach of ContractAnticipatory Breach Seller’s RemediesBuyer’s RemediesThe Commercial CourtSales Contracts Rights, Duties, Breach, and WarrantiesSeller’s remediesWithhold or stop the delivery of goodsResell the goodsDamagesSue for priceCancel the contractSales Contracts Rights, Duties, Breach, and WarrantiesBuyer’s remediesCover the sale or sue for breachKeep goods and seek adjustmentSue for specific performanceSales Contracts Rights, Duties, Breach, and WarrantiesWarranty ProtectionExpress Warranties Implied Warranties Warranty of Title Warranty Exclusion Privity Not RequiredSales Contracts Rights, Duties, Breach, and WarrantiesExpress warrantiesStatement of fact or promiseAdvertising express warrantiesDescriptions, samples, and modelsMagnuson-Moss Warranty ActSales Contracts Rights, Duties, Breach, and WarrantiesImplied warrantiesMerchantabilityFitness for a particular purposeUsage of trade