To avoid liability on a negligence theory in a product liability suit, to what extent must a manufacturer exercise due care?
> What are some of the factors that can determine whether an individual is considered an employee or an independent contractor?
> Should it be left to the courts to decide who is, and who is not, an independent contactor?
> Why is agency law essential to the existence and operation of a corporation?
> Are there legal safeguards for the privacy of a user of e-money against the issuer?
> What types of financial institutions are covered by the EFTA?
> 1. How might Check 21 affect the potential for banking fraud? 2. Are there circumstances in which a copy of an original canceled paper check could be demanded?
> What is an anti-assignment clause?
> What role does the Federal Reserve System play in clearing checks?
> Who is liable when a customer’s bank pays an altered check?
> Who has the right to order that payment on a check be stopped?
> When does a check become stale under the UCC?
> What is an overdraft?
> 1. Should only banks and regulated financial institutions be allowed to issue ATM cards? 2. How might the government regulate digital funds to reduce the potential for cyberlaundering?
> What is a check?
> What are the ways in which an instrument may be discharged?
> What is a material alteration of a financial instrument?
> Who assumes the burden of loss when there is a forged or unauthorized indorsement?
> When the rights under a contract are assigned, what happens to the rights of the assignor?
> What is the public policy behind the fictitious payee rule?
> When may a person whose forged signature appears on a negotiable instrument be liable under that instrument?
> Compare the concepts of primary and secondary liability under a contract theory of law.
> What kinds of defects in an instrument will prevent a holder knowing about those defects from acquiring HDC status?
> How can a holder take an instrument for value?
> What is the practical reason for the warranty that a check presented for payment has not been altered since its issuance?
> What is the difference between a holder and a holder in due course?
> What is the difference between a blank and a special indorsement?
> When may reference to other agreements be made in a negotiable instrument without destroying its negotiability?
> Must a negotiable instrument contain a promise or order to pay?
> What are three exceptions to the Statute of Frauds?
> What sort of signature is required by the UCC to create a negotiable instrument?
> What are some of the practical limitations concerning the writing evidencing a negotiable instrument and the substance on which it is placed?
> What are the primary functions of negotiable instruments?
> What is a bearer?
> Why is a transfer by negotiation preferable to a transfer by assignment?
> Why is it necessary to know when payment on an instrument is required?
> Why does it matter whether or not an instrument is a negotiable instrument?
> Should the Internet make it easier or more difficult to insure that the information provided to and by credit reporting agencies is accurate? Why?
> What are the primary functions and powers of the Consumer Products Safety Commission (CPSC)?
> What are some of the tactics that may not be used by collection agencies to collect debts?
> At what price does a sale of goods require a writing?
> What should a consumer do, before applying for credit, to avoid disputes?
> When must a recipient of unsolicited merchandise return the merchandise to the sender?
> How do state and federal laws regulate door-to-door sales?
> What are some of the actions that may be taken by the FTC against deceptive advertising practices?
> How does a bait-and-switch advertisement work?
> Should laws against bait-and-switch advertising be abolished?
> What is puffery?
> Can an injured bystander recover from a manufacturer or seller on a strict liability theory?
> What are the requirements for a cause of action in strict liability in a product liability suit?
> What is a collateral promise?
> In what ways does the Magnuson-Moss Warranty Act modify UCC rules on implied warranties?
> When does a cause of action accrue for breach of warranty?
> What effect does a buyer’s examination of the goods before contracting have on implied warranties?
> How can implied warranties of merchantability and fitness for a particular purpose be disclaimed?
> If warranties are inconsistent, what are the priorities?
> Other than immediate sellers and manufacturers, who may be subject to strict liability?
> What is the difference between express warranties and puffery?
> When can a buyer or lessee revoke acceptance?
> What damages can a buyer recover?
> 1. When is a seller entitled to recover damages? 2. What is the measure of the damages?
> When does the one-year period of the one-year rule begin?
> When can a seller reclaim goods?
> When does a seller have a right to withhold delivery?
> What are the buyer or lessee’s obligations regarding performance?
> What does the perfect tender rule require?
> What does the obligation to “tender delivery” require?
> 1. Under what circumstances does a buyer or lessee have a right to reject goods? 2. When can a buyer or lessee obtain specific performance?
> What does “good faith” mean under the UCC?
> Who bears the risk of loss when a contract is breached?
> When does risk pass in a sale on approval?
> For purposes of the entrustment rule, what is “a buyer in the ordinary course of business”?
> What is the primary purpose of the Statute of Frauds?
> In an international contract, what does an arbitration clause provide?
> When does risk pass (a) when the buyer is to pick up the goods and the seller is a merchant? (b) When the buyer is to pick up the goods and the seller is not a merchant? (c) When a bailee holds the goods?
> When does risk pass (a) under a shipment contract? (b) Under a destination contract?
> What is “risk of loss” under the UCC?
> What title does a buyer acquire from a seller with voidable title?
> When and where does title pass?
> When does a buyer have an insurable interest in goods?
> What is identification?
> Who, for the purposes of UCC Article 2, is a merchant?
> How can conflicts in terms between an offer and its acceptance be avoided?
> Discuss, in the context of the parol evidence rule, “consistent additional terms,” “course of dealing,” “usage of trade” and “course of performance.”
> What is the difference between undue influence and duress?
> How do UCC provisions differ from the common law regarding modification of contracts?
> When an offeree’s acceptance includes terms in addition to or different from the offer, is performance to be measured by the offeror’s terms or the offeree’s terms?
> How do the common law and the UCC differ regarding an offeree’s acceptance that includes terms in addition to or different from the offer?
> How does the UCC change the effect of the common law of contracts regarding the requirement of definiteness?
> What difference does it make whether UCC Article 2 applies to a contract?
> 1. How is the duty of good faith and fair dealing defined? 2. To what type of contracts does the duty apply?
> Is a contract in which a sale of services and goods combined subject to the UCC?
> Will specific performance be granted on a breach of contract for personal services?
> Discuss rescission and restitution.
> What is the difference between a liquidated damages provision and a penalty provision in a contract?
> When is a party’s reliance on another’s misrepresentation not justifiable?
> What are punitive damages?
> What are consequential damages?
> What are compensatory damages? What is the standard measure of compensatory damages?
> How does the impossibility of performance discharge a contract?
> What is the difference between a rescission and a novation?
