WILLAMETTE UNIVERSITY COLLEGE OF LAW
Winter 2005
Law 246: Sales Law
Professor William R. Long
Sales Law is alive today. Within the last two-years Article 2 of the Uniform Commercial Code ("UCC") was significantly amended. Over the next decade the scene will shift to state legislatures as the changes approved by the National Conference of Commissioners on Uniform State Laws ("NCCUSL") and the American Law Institute ("ALI") will be debated by legislators. This two-credit course will focus almost exclusively on Article 2, old and new, so that you can achieve an understanding not only of the text of the article but on the way that the current Article 2 has evolved and changed. I will seek opportunities to make wide use of the Internet in class. We will also use some class time for worksheets on problems.
INSTRUCTOR: Professor William R. Long, Office 452. Email is blong@willamette.edu . Phone is (503) 370-6411. Office hours will be the hour before class or by appointment. Summaries will appear regularly on my web page: www.willamette.edu/~blong and then under LAW, Sales Law.
CLASS MEETING: T and Th, 1:50-2:50, Room 201.
CLASS EXPECTATIONS, REQUIREMENTS AND GRADING: Regular attendance, informed participation when called on or in reponse to questions to the class in general and sustaining of a two-hour final exam. I retain the right to deduct a gradation for missing more than three classes. Grading will be based on the following:
Class attendance, informed participation 10%
Final Exam 90%
Because this is a class with more than 20 students, the grading rules adopted by the faculty for grade distribution and low grades apply. The policy provides: "In all second-and third-year classes with an enrollment of 20 students or more: (a) 10-15% of the grades shall be a C and below; and (b) at least 5% of the grades shall be below C." The mean grade for the course will be within the range of 2.80 - 3.00.
BOOKS: Required: (1) Benfield, Marion W., Jr., and William D. Hawkland, Sales: Cases and Materials (4 th Ed.; Foundation Press, 2003). (2) Selected Commercial Statutes 2004 Edition (Thomson/West, 2004).
Week of January 17 Introduction; The Development of Article 2; Definitions
READING: Benfield, 1-11, 18-29. UCC 1-103, 1-304, 2-102, 2-105(1)[2-103(1)(k) in new Article 2], 2-106, 2-107. Please read both old and new UCC.
Week of January 24 Contract Formation; The Statute of Frauds
READING: Benfield, 46-55, 57-65, 90-91. UCC 2-201, 2-204, 2-207.
Week of January 31 Electronic Commerce; Contract Modification; Firm Offers
READING: Benfield, 102-121, 124-127. UCC 2-104, 2-205, 2-209, 2-211,2-212, 2-213.
Week of February 7 Unconscionability; Parol Evidence Rule
READING: Benfield, 129-141, 144-155, 162-165. UCC 1-201(3, 12), 1-303, 2-202, 2-302 2-304.
Week of February 14 Terms Outside the Agreement; Risk of Loss
READING: Benfield, 181-196, 211-212, 222-228. UCC 2-204(3), 2-305, 2-306, 2-307, 2-308, 2-309, 2-311, 2-319, 2-509, 2-510.
Week of February 21 Warranties I: A Brief History; Express and Implied Warranties
READING: Benfield, 238-246, 252-258, 265-273; UCC 2-313, 2-314, 2-315, 2-316.
Week of February 28 Warranties II: Implied Warranty of Merchantability; Disclaimers
READING: Benfield, 275-299, 313-321; UCC 2-718, 2-719.
Week of March 7 Warranties III: Privity; Magnuson-Moss Act
READING: Benfield, 333-348, 378-392; familiarity with Magnuson-Moss Act UCC 2-313A, 2-313B, 2-318.
Week of March 14 Buyer's Remedies for Seller's Breach I
READING: Benfield, 394-399, 406-427, 447-450. UCC 2-601, 2-602, 2-603, 2-607, 2-608, 2-508, 2-612.
MARCH 21-25 SPRING BREAK
Week of March 28 Buyer's Remedies for Seller's Breach II
READING: Benfield, 458-466 (and problem 1), 475-481, 487-490, 493-502. UCC 2-607(3), 2-711, 2-712, 2-713, 2-714, 2-715, 2-716, 2-717, 2-719.
Week of April 4 Seller's Remedies
READING: Benfield, 503-524, 531-533, 537-540. UCC 2-503, 2-507, 2-602,2-703, 2-706, 2-708, 2-709, 2-718.
Week of April 11 Diminished Expectation of Performance; Repudiation
READING: Benfield, 541-561. Problems 1, 3 (pages 544-545), problem 1 (page 550), problem (pages 551-554). UCC 2-609, 2-610, 2-611, 2-702, 2-705, 2-713.
Week of April 18 Impracticability and Risk of Loss or Review
READING: Benfield, 222-228, 562-570. UCC 2-509, 2-510, 2-615.
Copyright © 2004-2007 William R. Long |