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Question
Spudz, an Iowa corporation, agreed to sell Bob two carloads of potatoes at "$5 per sack, FOB Iowa shipping point." Spudz had the potatoes put aboard the railroad cars; however, it did not have floor racks used in the cars under the potatoes as is customary during winter months. As a result, there was no warm air circulating and the potatoes were frozen while in transit. Spudz claims that its obligations ended with the delivery to the carrier and that the risk of loss was on Bob. What argument would you make for Bob?
Answer
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Related questions
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B. allows only the U.S. attorney general to sue for injunctive relief or the seizure of products to enforce various provisions of the act.
C. permits any private party to sue for an injunction to enforce any CPSC rule or order, if, at the time of the suit, the commission or the attorney general has begun an action based on the alleged violation.
D. allows those injured because of a knowing and willful violation of a CPSC rule or order to sue for damages if the amount in controversy exceeds $100,000.
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A. firearms
B. drugs
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The Holder in Due Course rule:
A. alters statutes of limitations or other state-created limitations on the consumer's enforcement of claims and defenses.
B. states that all defenses available to the purchaser against the seller can also be available against the holder in due course.
C. eliminates rights that the consumer may have as a matter of federal, state, or local law.
D. creates a warranty claim or defense where the product is sold "as is."
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A. coinsurance clause
B. pro rata clause
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A. the trust will automatically fail.
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D. is a draft drawn by a bank on another bank or payable at or through a bank.