Sales

B670 is taught by S. Hughes

This course is effectively an advanced course in contracts involving the sale of tangible things or tangible things and IP. Instead of relying on common law concepts, the law of Sales is extensively codified in Articles 2 and 2A of the Uniform Commercial Code adopted by the states other than Louisiana. State adoptions are not necessarily true to the uniform text and we will discuss likely non-uniform adoptions as we go along.

This class looks at the sales transaction from the first moment of negotiation through to arbitration or litigation. It looks at settlement issues, malpractice issues, and the calculation of damages.

Article 2 has remedies beyond those available at common law, and some have huge practical upsides. Permissible variations by agreement, which apply to many of the provisions, can cause issues for consumers and small businesses. Similar concepts apply to Article 2A leases.

The textbook we will use also covers the Convention on the International Sale of Goods, which applies to cross-border transactions between parties whose governments have subscribed to this treaty. As a treaty ratified by the Senate, it has preemptive effects on state-based laws. We will discuss the CISG briefly, and particularly the method of opting-out of it in favor of the UCC or other domestic laws. Everyone whose practice may include trade should know something about the CISG.

I love teaching this course. I enjoy hearing how different reasonable minds look at the same facts in the many problems we will work through the semester.

Each student will have the opportunity to get feedback on one (1) optional written answer to one of the problems in the textbook. There will be one final exam for credit. Class participation is important to the best outcomes in this course.

For this fast-paced January 2021 term, we will use the most recent edition of the problem-method textbook, Sales: A Systems Approach, by Daniel L. Keating, published by Wolters-Kluwer/Aspen. It is a companion text to the book for the Spring term 2021 course on Secured Transactions (B672). These books lay out the law and then provide problem sets to allow students to test their mastery of concepts. Aspen offers a 40% discount on the electronic copy of this textbook to all Maurer students if you buy it directly from their website.

Here are the particulars about this textbook and the e-copy offer:

Sales: A Systems Approach, Seventh Edition

Daniel Keating

Hardcover ISBN: 9781543804485

Loose-leaf version of the text ISBN: 9781543804485

Ebook (discounted 40% compared to the hardcover) ISBN: 9781543816624

So, one way to save 40% and still have a hard copy of the textbook for the final exam is to order the e-textbook directly from Aspen and buy a really cheap used copy from one of the online sellers of used textbooks. There may be small differences, but the e-copy will show you where those are.

Students also need a Commercial Law--Creditor-Debtor Law statutory supplement, I recommend you buy a used copy or a new copy of an edition more recent than 2015, preferably the supplement published by Foundation Press. Thomsen West also has a supplement used by some faculty. If you are enrolled in Sales for the January 2021 Term, you can use the same supplement for Secured Transactions. You should have a hard-copy statutory supplement for the final examination.

Aspen s sales team told me on October 20, 2020 that they can deliver hard copies of the textbook to buyers abroad on roughly two-to-three weeks notice. Given that this course starts on January 4, 2021, I would order it sooner than later if you are remaining outside the United States for the January term.

The e-copy purchases come very quickly.

If you add this course late, get an e-copy at the 40% discount and search for the used copy online. I will not be able to get any temporary use permissions from Aspen for 2021.