Sale of Goods Agreement
Agreement made _____________ (date), between _________________________, of
_________________________________ (address), _____________________ (city), ______________ (county),
________________ (state), in this agreement referred to as seller, and ___________________, of
____________________________ (address), __________________ (city), __________________ (county),
_____________ (state), in this agreement referred to as buyer.
SECTION ONE: SALE OF GOODS
Seller shall sell, transfer and deliver to buyer on or before ____________________ (date), the following personal
property: ____________________________________________________________
____________________________________________________________
____________________________________________________________ (description of goods).
SECTION TWO: CONSIDERATION
Buyer shall accept the goods and pay ________________________________________ Dollars ($ ________ ) for
the goods.
SECTION THREE: IDENTIFICATION OF GOODS
Identification of the goods to this agreement shall not be deemed to have been made until both buyer and seller
have specified that the goods in question are to be appropriated to the performance of this agreement.
SECTION FOUR: PAYMENT ON RECEIPT
Buyer shall make payment for the goods at the time when, and at the place where, the goods are received by
buyer.
SECTION FIVE: RECEIPT CONSTRUED AS DELIVERY
Goods shall be deemed received by buyer when delivered to buyer at
________________________________________ (address), __________ (city), __________ (county),
__________ (state).
SECTION SIX: RISK OF LOSS
The risk of loss from any casualty to the goods, regardless of the cause, shall be the responsibility of the seller
until the goods have been accepted by the buyer.
SECTION SEVEN: WARRANTY OF NO ENCUMBRANCES
Seller warrants that the goods are now free, and that at the time of delivery shall be free from any security interest
or other lien or encumbrance.
SECTION EIGHT: WARRANTY OF TITLE
Furthermore, seller warrants that at the time of signing this agreement, seller neither knows nor has reason to
know of the existence of any outstanding title or claim of title hostile to the rights of seller in the goods.
SECTION NINE: RIGHT OF INSPECTION
Buyer shall have the right to inspect the goods on arrival and, within _______ business days after delivery, buyer
must give notice to seller of any claim for damages on account of condition, quality or grade of the goods, and
buyer must specify the basis of the claim of buyer in detail. The failure of buyer to comply with these conditions
shall constitute irrevocable acceptance of the goods by buyer.
In witness whereof, the parties have executed this agreement at ________________________________________
(designate place of execution) the day and year first above written.
_________________________
Signature
_________________________
Signature
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25-5086 > Assignments > Contract Analysis Due 5/7
Contract Analysis Due 5/7
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Due Monday by 12pm Points 50
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Weekly Readings: Chapters 35-39
Quiz 4, Due 5/14, Chapters 29-34
May 14 | O pts
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• Module 8 Week starting 5/21
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Weekly Readings: Chapters 40-42
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Engage: Video Exercise 42.2: International
E Sales and Lease Contracts (4:12)
May 26 5 pts
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Quiz 5 chapters 35-42 Due 5/26
May 26 20 pts
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Student Resources
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Student Resources - Cuyamaca Campus
Contract - Blank for Use Independent
Contractor
Contract - Blank for Use, Sale of Goods
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Contract - Blank for Use, Security
Agreement
Contract - Student Example of a Clause
Student Learning Outcomes
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What Not To Put in Your Contract Report
Discussing the formation of a contract is not acceptable. In other words,
Express/Implied Contracts, Offer; Acceptance; Consideration; Bilateral; etc., are
not clauses in most contracts. Do Not Talk About Offer, Acceptance and
Consideration.
Don't talk about an express contract. If you are unsure, then ask me via email.
Most contracts don't say, "This is an express contract". If your contract is in
writing IT'S AN EXPRESS CONTRACT! It is probably a bilateral contract as
well. You will receive no extra points if you state this. If you use any of these
concepts as the legal concept in your analysis and, the legal concept isn't the
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subject of that clause, you will receive no points for that clause. Each clause is
worth 12 points so that's a huge loss of points.
If you are using a rental or lease agreement for real property, at least one clause
must be from outside of the chapter titled "Landlord and Tenant. If all three of
your clauses rely on that chapter, there will be an automatic 11 point deduction.
Please email me if you are unsure of your clauses.
Please remember, agreements for real property or services do not follow the UCC.
So, if using an agreement for real property or services, do not discuss any of those
UCC chapters
Students in online classes often miss the easiest clause to talk about - ADR or
Arbitration as it doesn't have extensive coverage in the text. However, it is critical
in the business world. Additionally, most contracts have "boiler plate" clauses
towards the end. These clauses are the easiest use as the text generally has good
information on them as well as examples. If you are using an example from the
text, be sure to reference that.
It is strongly advised to have your contract chosen before mid-term and reviewed
by me, the instructor, shortly after that. I will also be happy to review and make
any comments on your rough draft if submitted to me a minimum of 48 hours
before the due date. If I review your rough draft and suggest changes, subsequent
requests for review are welcomed but must include the previously suggested
changes.
Spelling and grammar are part of the grading and deductions will be taken if there
are errors in these areas. The Writing Center on campus free to all Cuyamaca
students but you will need an appointment. There are also online tutors.
I take into account the difficulty of the subject matter you have attempted. It is
easy to talk about "termination of a contract. It is more complex to talk about
"subrogation" or "risk of loss". Be sure that you are not talking about the UCC
when dealing with a contract for real property, services, e-contracts, etc.
Here is how the grading rubric breaks down:
Summary paragraph, 5 points
Clause 1, 2 and 3, 12 points each with a further breakdown for each clause of 3
points for correctly identifying a concept, 3 points for defining it, I point for
referencing it to the text, and 5 points for the analysis,
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Contract Analysis (50 points)
Each student is to produce a 4 paragraph paper analyzing a contract. In advance of
the paper send, for review by the instructor, a copy of a contract used in everyday
life, e.g., insurance, credit card, rental agreement, gym membership, etc. Send this
by email. Be creative. It can be a blank contract. Several websites offer free form
contracts. There are contracts in Canvas under Student Resources Module. The
copy of the contract must be turned in with the paper unless you are using one that
is in Canvas. In that case, merely reference the title of the contract in your report.
A URL is not a substitute. It will count as if no contract was attached.
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Please make sure any confidential data has been deleted or blacked out. A four
paragraph typed summary of the contract must be attached which discusses any
features of the contract that were covered in the text. This is an analysis of legal
concepts and not a filled-in contract.
The first paragraph is to be a summary of the entire contract. Please note that I
said a summary - which means an overview of the contract and not a detailed
description. Your summary paragraph should not be much longer than the 3 other
paragraphs. I'm looking for an overview of the contract and not what each section
is about
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The other three paragraphs are to be used to discuss and analyze three different
clauses in the contract (one per paragraph) and how they relate to the textbook and
lecture. Be sure and indicate which paragraph in the contract you are discussing,
c.g., #1 of the contract talks about x, y, and z.
I am looking for an analysis of how each clause relates to the class material. Little
or no analysis will result in point deductions. Summarizing the clause is not an
analysis. Show me that you understand how this clause functions in the "real
world". I want to see that you understand the legal consequences of each clause
you are discussing and not just paraphrasing the contract wording. Hypothetical
examples are an easy way of showing this.
You must also refer by page or chapter to the part(s) of the text you are using. It is
not sufficient to say "according to the text” or something similar. Additionally, do
not reference other textbooks. I don't have access to them so I can't verify the
reference. If you don't have a text, there is one on reserve in the library or you can
refer to the chapter the legal concept is found in by using the Power Point slides. I
don't mind if you use the 7th edition but say so as I waste time looking through all
texts to see which one a student used. That will bring about a point(s) deduction.
What Not To Put in Your Contract Report
Discussing the formation of a contract is not acceptable. In other words,
Express/Implied Contracts, Offer; Acceptance; Consideration; Bilateral; etc., are
not clauses in most contracts. Do Not Talk About Offer, Acceptance and
Consideration.
Don't talk about an express contract. If you are unsure, then ask me via email.
Most contracts don't say, "This is an express contract". If your contract is in
writing IT'S AN EXPRESS CONTRACT! It is probably a bilateral contract as
well. You will receive no extra points if you state this. If you use any of these
concepts as the legal concept in your analysis and, the legal concept isn't the
I
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