Unit 9 - Sale of Goods | Exercises and Flashcards

Unit 9, International Legal English Exercises and Flashcards

These exercises focus on Unit 9, International Legal English

Wordlist for Unit 9, International Legal English

Word	Definition	Example
disclaimers	Statements or clauses that deny or limit legal responsibility, often used in contracts or product warranties	The product packaging includes disclaimers about potential allergens, ensuring consumers are informed
goods	Physical items or products that are tangible and can be bought, sold, or traded	The company specializes in the production and distribution of electronic goods, including smartphones and laptops
transfer of title	The legal process of transferring ownership or title of goods from one party to another	The transfer of title occurs once the buyer completes the payment for the property and receives the deed
tangible chattel	Physical movable property or goods that can be possessed and transferred	The antique furniture collection is a valuable tangible chattel that the estate executor must account for
merchant	A person or entity engaged in the business of buying and selling goods, often in a professional capacity	As a reputable merchant, the seller provides warranties and guarantees on all products sold in their store
passage of title	The moment when legal ownership or title to goods is transferred from the seller to the buyer	The passage of title takes place when the seller hands over the keys to the new homeowner upon closing the sale
warranties of title	Guarantees by the seller that they have clear and unencumbered ownership of the goods being sold	The seller provides warranties of title to assure the buyer that the property is free from any legal claims
implied warranties	Unspoken or automatic assurances about the quality and condition of goods, often required by law	Implied warranties automatically apply to the sale of goods, guaranteeing their fitness for ordinary purposes
express warranties	Explicit and written or spoken guarantees made by the seller regarding the condition or performance of goods	The car dealership offers express warranties that cover engine repairs for a specific duration after purchase
disclaimers of warranties	Statements or clauses in contracts that exclude or limit warranties or guarantees provided for goods	In the contract's fine print, there are disclaimers of warranties that limit the seller's liability for defects
delivery of goods	The act of physically transferring goods from the seller to the buyer, typically a crucial step in a sale	The courier service is responsible for the safe and timely delivery of goods purchased online by customers
acceptance of goods	The buyer's acknowledgment and approval of received goods, signifying compliance with the contract terms	Upon acceptance of goods, the buyer noticed a damaged item and promptly reported it to the seller for a refund
passing of risk	The point in a transaction at which the responsibility for loss or damage to goods shifts from seller to buyer	The passing of risk occurs when the goods are loaded onto the truck for shipping, making the carrier responsible
good title	Ownership of goods that is clear, legal, and free from any claims or disputes	The seller guarantees that the buyer will receive a good title to the property, free from any legal encumbrances
holder of title	The legal owner of goods, often indicated by possession of a title document or proof of ownership	The holder of title to the vehicle is the individual whose name appears on the official ownership documents
good faith	Honesty, fairness, and sincere intention to act honestly and fairly in a business transaction	The buyer acted in good faith when making the purchase, believing the product would meet their expectations
apparent authority	The appearance or perception that an individual has the authority to act on behalf of another, even if not true	The salesperson's apparent authority to negotiate prices allowed them to offer discounts without approval
fitness for a particular purpose	The suitability of goods for a specific intended use or purpose, as implied by the seller	The fitness for a particular purpose warranty ensures that the treadmill is suitable for marathon training
quality	The standard of excellence or condition of goods, often related to their overall performance and durability	The company is known for its commitment to quality, producing high-end products that meet customer expectations
merchantability	The quality of goods being suitable for sale in the ordinary course of business, implied by law for merchants	Merchantability is a key consideration when evaluating the suitability of a product for sale in the marketplace
sales by sample	A sale where goods are sold based on the sample provided, implying that the actual goods will match the sample	The sales by sample clause in the contract allows the buyer to inspect and test the product's quality before purchase
to act in the course of business	Conducting activities as part of one's regular trade or commercial dealings	The seller's obligation is to act in the course of business, which includes providing accurate product descriptions
express warranty	An agreement by a seller to provide repairs or a replacement for a faulty product within a specified time period after it was purchased	The express warranty explicitly states that the appliance is covered for any defects or malfunctions for two years
commodity	A raw material, product, or good that can be bought or sold, often in bulk, on the market	Crude oil is a globally traded commodity that experiences price fluctuations due to market demand and supply
to deal in	To engage in the buying, selling, or trading of goods or commodities	The company specializes in dealing in rare collectibles, offering a wide range of vintage items to collectors
to offer for sale	To make goods available for purchase or exchange	The seller decided to offer the antique vase for sale at an auction, hoping to fetch a high selling price
vendor	A seller or supplier of goods, often in a business context	The vendor supplied the materials required for the construction project, ensuring timely completion
supplier	A party that provides goods or products, often as part of a commercial relationship	The supplier consistently provides high-quality raw materials, earning the trust of manufacturers in the industry
wares	Another term for goods or merchandise, often used in a commercial or retail context	The antique store displays a variety of wares, including vintage furniture, artwork, and collectible items
claims and credit	Procedures and policies related to handling customer complaints and requests for refunds or adjustments	The company has a dedicated department to handle customer claims and credit requests for damaged goods
changes or cancellation	Modifying or revoking terms, conditions, or agreements, often subject to contractual provisions	The policy allows changes or cancellation of orders within 48 hours of placement, provided the goods have not shipped
indemnification of vendor	The legal protection or compensation provided to the vendor in case of claims, damages, or losses	The contract includes an indemnification clause, ensuring the vendor is protected from legal claims related to the goods
limitation of remedies	Clauses in contracts that restrict the remedies available to parties in case of disputes or breaches	The limitation of remedies clause restricts the buyer's options for seeking redress in the event of product defects
retention of title	The seller's right to maintain ownership of goods until the buyer fulfills certain conditions, such as payment	The retention of title clause grants the seller ownership of the goods until the buyer fulfills their payment obligation
plaintiff	The party who initiates a lawsuit or legal action against another party	The plaintiff in the case alleged that the defective product caused injuries and sought compensation from the manufacturer
the legal issue in question	The specific point of law or legal matter under consideration in a case or dispute	The legal issue in question is whether the seller misrepresented the product's condition in the sales contract
the overall significance of the holding	The broader legal implications or consequences of a court's decision or judgment in a case	Understanding the overall significance of the holding requires a thorough analysis of the court's decision and its impact
to be subject to change	may be changed	The terms and conditions of the contract may be subject to change, so it's important to review updates regularly
on delivery	at the time of delivery	Payment is due on delivery of the goods, ensuring that the seller receives payment promptly upon shipment
prior to receipt	before receiving	Prior to receipt, the buyer has the right to inspect the goods for any visible defects or discrepancies
to conform to specifications	to be in agreement with or to follow precise description	The manufacturer ensures that all products conform to specifications outlined in the quality control standards
in a workmanlike manner	competently	The construction contract requires that all work be performed in a workmanlike manner, meeting industry standards
to hold harmless	to secure against loss or damage in the future	The indemnity clause obligates the buyer to hold harmless the seller from any liability arising from product use
to reserve a right	to retain an entitlement	The contract allows the seller to reserve the right to refuse service if the buyer fails to meet payment obligations

FAQ

What are disclaimers in the sale of goods?

Disclaimers are statements that limit or exclude a seller's liability, such as disclaimers of warranties. They are often used to reduce the risk of legal claims but must comply with legal requirements.

What does "transfer of title" mean?

The transfer of title refers to the legal process by which ownership of goods passes from the seller to the buyer, usually upon delivery or payment.

What is a tangible chattel?

Tangible chattel refers to physical, movable items that can be bought and sold, such as furniture or electronics.

What is the difference between implied warranties and express warranties?

Implied warranties are unspoken guarantees that goods meet basic standards of quality and purpose, while express warranties are explicitly stated promises about a product’s condition or performance.

What is the passing of risk in a sale?

The passing of risk refers to the point when the buyer becomes responsible for any loss or damage to the goods. This usually happens when the title transfers or goods are delivered.

What does merchantability mean?

Merchantability refers to the implied warranty that goods are of a quality suitable for sale and fit for ordinary use.

What is an express warranty?

An express warranty is a specific promise made by the seller, either orally or in writing, about the quality, condition, or functionality of goods.

What does "fitness for a particular purpose" mean?

This warranty guarantees that the goods will meet the buyer’s specific needs if the seller knows the intended purpose and the buyer relies on their expertise.

How does indemnification of a vendor work?

Indemnification involves compensating the vendor for losses or damages arising from claims related to the sale of goods, such as product liability cases.

What does "retention of title" mean in a sales agreement?

Retention of title refers to a clause where the seller retains ownership of the goods until the buyer fulfills certain conditions, typically full payment.

What is the significance of "to act in the course of business"?

This phrase refers to actions taken as part of regular business operations, often a key factor in determining liability or contractual obligations.

What does "to conform to specifications" mean?

This term means that the goods must meet the agreed-upon standards or descriptions provided in the sales contract.

What is the meaning of "on delivery"?

"On delivery" refers to actions or obligations that must occur when goods are handed over to the buyer, such as payment or transfer of risk.

What does it mean "to hold harmless" in a sale contract?

To hold harmless means to protect a party from legal liability or claims arising from specific circumstances, often included in indemnity clauses.

How does "limitation of remedies" function in a sales contract?

Limitation of remedies restricts the options available to a buyer or seller in case of a breach, such as capping damages or requiring arbitration.