Author Question: If repossessed collateral is sold or otherwise disposed of by the creditor, then the time, place, ... (Read 143 times)

KimWrice · **on:** Jun 24, 2018

If repossessed collateral is sold or otherwise disposed of by the creditor, then the time, place, manner, and method of disposal must be
A)commercially reasonable.
B)scheduled with the debtor so that the debtor is able to attend.
C)court ordered.
D)perfected.

Question 2

Who will prevail in the following scenarios applying the CISG? Would your answer change if the parties selected the UCC pursuant to a choice of law clause? Please provide a short explanation for each of your answers. Scenario A claim of formation of a contract based upon a purported acceptance of an offer mailed by a Chinese offeree but never received by the American offeror.

randomguy133 · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

A

Answer to Question 2

Utilizing the CISG, the American offeror may prevail. Pursuant to the CISG, an acceptance is effective only when it is received by the offeror. Utilizing the UCC mailbox rule, the Chinese offeree may prevail. The mailbox rule provides that an offeree's acceptance is effective upon mailing to the offeror even if it is never received.