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Trick re: Suretyship If surety's MAIN PURPOSE was to benefit himself, then it is NOT a suretyship and does not fall w/in SOF. E.g. Ct finds that the main purpose of promisor was b/c he intended to borrow tractor himself. NY DOES NOT recognize this.
Consequential damages under the UCC Art 2 For seller, consequential damages are NOT available. For buyer, damages SPECIAL to the particular buyer-plaintiff that were REASONABLY FORESEEABLE to the breaching party are available.
State action doctrine w/r/t private entities, 21
Seller's expectation damages under the UCC
When are lost profits appropriate damages?
Present sense impression A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter. Most courts read a corroboration requirement into 803(1). Under NEW YORK law, corroboration required.
Perfect tender rule B has right to reject any non-conforming goods. S has duty to cure defect w/in reasonable time. [Some cts say reasonable time can go beyond due date].
Risk of Loss (Common Carriers)
Difference b/w ASSIGNMENT and THIRD-PARTY BENEFICIARY CONTRACT In an assignment, two parties enter a K and a third person appears LATER ON. With a TPD, all three parties are PRESENT FROM THE BEGINNING.
Third-party beneficiaries: RESCISSION AND MODIFICATION P-sor and P-see can RESCIND or MODIFY the K until the rights of the TPB have "VESTED". TPD's rights have "vested" when he either LEARNS OF or RELIES on the K unless there is CONTRARY LANGUAGE in the K.
Third-party beneficiaries: Things to remember [1] rescission or modification; [2] liability
Third-party beneficiaries: LIABILITY *P-sor liable to TPD. *P-sor liable to P-see. *P-see liable to Cr Benificiaries ONLY (ie not Donee beneficiary).
Assignment: LIABILITY Ex: Batman provides security to Gotham City. B assigns right to payment to Robin. *Obligor (GC) is liable to Assignee (R). *If B does not perform, R cannot collect (ie R steps in shoes of B). *Obligor (GC) must be AWARE of the assignment.
Assignment: Things to remember (1)Lang of present assmt;(2)Consid NOT required,(3)Lang controls restrictions on assgnmt,(4)Cannot substantially change duties of obligor,(5)Obligor liable to assignee, (6) last-in-time rule (gift assgmnts), first-in-time rule (assgmnts for consideration)
Assignment: how to create *Must have language of PRESENT TRANSFER ("I assign..." NOT "I promise to assign") *Consideration is NOT required (e.g. R need not give consideration to B). *Cannot substantially change duties of obligor
Mental state: Recklessness MPC/NY: When D is aware of a substantial and unjustifiable risk, and consciously disregards that risk.
Common law battery Unlawful application of force to another, resulting in either bodily injury or an offensive touching. Mental state: Gen Intent
Common law murder Causing death of another with malice aforethought. "Malice aforethought" means either intent to kill, intent to inflict serious bodily injury, extreme recklessness, or felony murder.
Mental state: General intent A common law mental state: D need only be generally aware of the factors constituting the crime; he need NOT intend a specific result. (NB: Jury can usually infer the gen intent simply from the doing of the act)
start at 39
Created by: mdiaz367