In the absence of agreement, payment is due at the time and place the buyer is to
receive the goods, even though the place of shipment is the place of delivery.
Decisions of courts of appeal are published in volumes known as “reports.”
Victims of racial discrimination are entitled to recover unlimited compensatory and
punitive damages even after the Civil Rights Act of 1991.
Discuss defenses available to the promisor in an action by an intended third-party
beneficiary to enforce the promise.
Al owns a farm that he believes is worth $150,000. Betty knows that there is oil under
the farm and offers Al $160,000 for it. Al is suspicious and asks her why she wants to
buy the place. She says she would like to live in the country. Al then asks her if she
thinks there might be valuable minerals under the land. Betty laughs and says she
doubts that very much, so Al sells her the farm for $160,000. Al later realizes that the
land was worth more than he was paid. Al can have the contract voided based upon
fraud.
The Code prohibits waiver of defense clauses against assignees in contracts for the sale
of goods.
When a person deposits a check in his bank, the bank credits the individual’s account by
the amount of the check.