Prof. Bill Long 4/23/05
After class was over I received an email from Jayme Bomben asking me if I would be willing to post the Worksheet quotations that I distributed about 5 or so weeks into the semester. Although they only cover a little more than 1/3 of the course, they are important and I will give them here. I will NOT give you the answers--believing that it is good exercise for you to track these down. I want to reiterate that the reason I am having a "quotation-finding" exercise on the final is that I think it is very important for you to understand the "texture" of the Code--the language it uses and rejects, the flow of the provisions, the places to look when you have a formation, a warranty, a performance or a remedies problem, for example.
Therefore, the quotations that I will give you on the final will not be "obscure." That is, I won't ask you to find a place where it says "the book" or "view of the court" or other phrases that appear in the comments or Code. I will ask you phrases on which definitions turn or which point directly to a concept that I think is important. I have to confess, however, that I left out my favorite one. "Known corner-cutter" will not be on the exam, to Dan McCay's dismay.
The quotation identification section of the final will perhaps be the most difficult part for some of you. I will give 25 quotations in 24 minutes. Some of you may find it helpful to skip this part and come back to it later. In any case, this part of the exam tells me better than almost anything how you were "with me" every day through the term. It will be tough, probably, for those who put everything off to the last moment, but, I hope, relatively accessible to those who have put effort into the course on a regular basis.
Here, then, is my worksheet from late February. I would think that a few of these might be on the final, too.
1. "reasonable elasticity"
2. "tests for 'custom' are abandoned"
3. "consistent additional terms"
4. "severed by the buyer or the seller"
5. "to permit the continued expansion of commercial practices."
6. "honesty in fact and the observance of reasonable commercial standards of fair dealing"
7. "duly delivered in a form reasonable under the circumstances"
8. "it must evidence a contract for the sale of goods"
9. "all things which are movable at the time of identification to the contract for sale
10. "The special provisions as to merchants apply only in this Article and they are of three kinds."
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