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Please follow instructions and make sure you display an understanding of the legal concepts and terms.
For this project, you are going to develop a plan for a sale of a good/goods, a service, or a hybrid of the two. Part of transactional law is trying to plan for situations that could potentially arise and how they will be handled. Sales are not as simple as you may have originally thought! As you walk through the chapters, develop your plan for what you are going to sell. Make sure you answer the questions below which correspond with the book chapters. Also, remember that your good(s) and/or service must be attractive to buyers, so don’t make the terms of your sale TOO much in your favor. Be realistic in your choices. Write up your plan in paragraphs. It should take at least three to four pages to fully answer the questions below.
Decide as your group what you are going to sell. Is it a good? A service? A hybrid of the two? Describe your choice in detail. In which state(s) will the sale take place? What law(s) will apply & why?
Do you have to worry about the Statute of Frauds? Why or why not? Describe the consideration will you be looking for. Is it money? Performance? Something else?
Explain whether the Uniform Commercial Code will apply to your sale. How does this affect your sale? For instance, does it affect your offer or the other party’s acceptance? How / where will you advertise your sale, and will that potentially create a contract? Can your contract be oral, or does it need to be in writing? Why?
What concerns do you have to take into account with regard to shipment, if any? When / how will payment be made to you? Explain your choices. Are there any sale or return provisions you’ll include?
Will there be any risk of loss? Who will bear it & why? What warranties will you expressly provide, or which ones will come with your good(s) and/or service(s)?
What problems could potentially arise with regard to the other side not performing on the contract? If that happens, what will you be able to do about it?
Will / should your sale have any provisions about jurisdiction or arbitration?
Take a look online at a minimum of three sample contracts, and a minimum of three sample bills of sale. If you can find ones directly related to your good or service, all the better. Are there any other provisions in there that caught your eye and you think would be good into include in your sale? Which ones, and why? Be sure to include links for the contracts and bills of sale that you viewed.
Conclude your plan with any final thoughts you have about your sale. Include anything you think is important that was not covered above, any concerns you have about your sale, or just any general thoughts you have about putting your plan together.
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