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Off Label Drug Use Concerns
Summary
Off-label drug use is legal with informed consent. Conducting studies without double-blind trials may face ethical scrutiny. Accepting advisory roles and funding from pharmaceutical companies can lead to conflicts of interest. The perfect tender rule allows rejection of nonconforming goods. Under the UCC, sellers can cure nonconforming deliveries within the contract time. Using nonconforming goods may waive rejection rights. Proper tender of delivery requires reasonable opportunity for acceptance. Non-merchants deliver at their residence. Sellers can cure defects within a reasonable time. Unforeseen events excusing performance include natural disasters. Buyers must cooperate in delivery. Acceptance implies retention without objection. Anticipatory repudiation allows breach treatment and damage mitigation.Full Conversation
Suppose that Dr. Reilly owns a medical clinic and enters into a contract to buy * tablets of Gensol from Pharzime. The Gensol that he orders are * milligrams each. The Gensol that is delivered are * milligrams each. Which of the following is true about the goods?
The goods are nonconforming unless if the price per milligram comes out to be the same.
The goods are conforming because of the perfect tender rule.
The goods are conforming because the clinic could substitute two * milligram pills for one * milligram pill.
The goods are nonconforming because of the perfect tender rule.
The correct answer is: The goods are nonconforming because of the perfect tender rule.
This rule states that the buyer has the right to reject goods if they do not meet the specifications of the contract exactly.
Do you have any other questions or concerns regarding this situation?
This rule states that the buyer has the right to reject goods if they do not meet the specifications of the contract exactly.
Do you have any other questions or concerns regarding this situation?
Suppose that Dr. Reilly owns a medical clinic and enters into a contract to buy * tablets of Gensol from Pharzime. The Gensol that he orders are * milligrams each. The Gensol that is delivered are * milligrams each. Which of the following is true about the goods? The goods are nonconforming unless if the price per milligram comes out to be the same. The goods are conforming because of the perfect tender rule. The goods are conforming because the clinic could substitute two * milligram pills for one * milligram pill. The goods are nonconforming because of the perfect tender rule.
The goods are nonconforming because of the perfect tender rule. This rule requires that the goods delivered must exactly match the terms of the contract. Since Dr. Reilly ordered * milligram tablets and received * milligram tablets, the delivery does not conform to the contract terms.
Do you need more information on how to address this issue with Pharzime?
Do you need more information on how to address this issue with Pharzime?
Suppose that Dr. Reilly owns a medical clinic and enters into a contract to buy * tablets of Gensol from Pharzime. The Gensol that he orders are * milligrams each. The Gensol tablets that are delivered are * milligrams each, shipped in boxes of * tablets. What options does the clinic have?
Since the pills are nonconforming goods, the clinic may reject the entire shipment.
The clinic can keep the shipment in its entirety.
The clinic can accept some boxes of the Gensol, and reject some boxes of the Gensol.
All of these.
Dr. Reilly's clinic has several options regarding the nonconforming shipment:
- Reject the entire shipment due to nonconforming goods.
- Accept the entire shipment, even though it does not conform to the contract.
- Accept some boxes and reject others.
Do you need more details on the process of rejecting nonconforming goods?
- Reject the entire shipment due to nonconforming goods.
- Accept the entire shipment, even though it does not conform to the contract.
- Accept some boxes and reject others.
Do you need more details on the process of rejecting nonconforming goods?
Suppose that Dr. Reilly owns a medical clinic and enters into a contract to buy * tablets of Gensol from Pharzime. The Gensol that he orders are * milligrams each. The Gensol tablets that are delivered are * milligrams each, shipped in boxes of * tablets. Pharzime states that it will replace the Gensol with the correct size tablets. Which of the following is true?
Pharzime has the right to do this at any time.
Pharzime only has the right to do this if the clinic agrees.
Pharzime has the right to do this only if the time when the delivery is due has not passed and Pharzime can deliver the conforming tablets before that time.
Pharzime cannot do this under any circumstances.
Pharzime has the right to do this only if the time when the delivery is due has not passed and Pharzime can deliver the conforming tablets before that time. This is based on the Uniform Commercial Code (UCC) § *-*, which allows the seller to cure a nonconforming delivery within the contract time.
Would you like more detailed information on the Uniform Commercial Code provisions?
Would you like more detailed information on the Uniform Commercial Code provisions?
Suppose that Dr. Reilly owns a medical clinic and enters into a contract to buy * tablets of Gensol from Pharzime. The Gensol that he orders are * milligrams each. The Gensol tablets that are delivered are * milligrams each, shipped in boxes of * tablets. Pharzime states that it will replace the Gensol with the correct size tablets. Which of the following is true?
Pharzime has the right to do this at any time.
Pharzime only has the right to do this if the clinic agrees.
Pharzime has the right to do this only if the time when the delivery is due has not passed and Pharzime can deliver the conforming tablets before that time.
Pharzime cannot do this under any circumstances.
Pharzime has the right to replace the nonconforming Gensol tablets with the correct ones only if the time for performance has not yet expired and Pharzime can deliver the conforming tablets within the contractually agreed timeframe. This is known as the "right to cure" under the Uniform Commercial Code (UCC).
Do you need more details on the right to cure under the UCC?
Do you need more details on the right to cure under the UCC?
Suppose that Dr. Reilly owns a medical clinic and enters into a contract to buy * tablets of Gensol from Pharzime. The Gensol that he orders are * milligrams each. The Gensol that is delivered are * milligrams each. The clinic uses the tablets for six months (giving patients double the number of pills). The clinic then decides to reject the unused portion of the pills. Which of the following is true?
The clinic likely can reject the goods since they are nonconforming.
The clinic can only reject the goods if they can show that they did not inspect the goods at the time of delivery.
The clinic likely will not be able to reject the goods since they used the pills.
The clinic can only reject the goods if they can show that they inspected the goods at the time of delivery.
The clinic likely will not be able to reject the goods since they used the pills. By using the pills for six months, the clinic has effectively accepted the nonconforming goods. Acceptance of part or all of the goods typically waives the right to reject those goods later.
Do you have any concerns about the consequences of having used the nonconforming pills?
Do you have any concerns about the consequences of having used the nonconforming pills?
Susan agrees to sell Ben a truckload of blankets for $*,*. Susan delivers the blankets to Ben’s factory on a Sunday at *:* a.m. Seeing no one at the factory, Susan waits for twenty minutes and leaves with the goods. Susan has:
a. met her obligation under the contract, and Ben must pay any additional delivery costs.
b. properly provided tender of delivery to the buyer’s place of business.
c. not properly provided tender of delivery.
d. met her obligation under the contract, and can successfully sue Ben for breach.
Susan has:
c. not properly provided tender of delivery.
To provide proper tender of delivery, the seller must give the buyer a reasonable opportunity to take possession. Delivering at *:* a.m. on a Sunday likely does not meet this requirement.
Do you need more specifics on California law regarding delivery obligations?
c. not properly provided tender of delivery.
To provide proper tender of delivery, the seller must give the buyer a reasonable opportunity to take possession. Delivering at *:* a.m. on a Sunday likely does not meet this requirement.
Do you need more specifics on California law regarding delivery obligations?
Smith agrees to buy the lawnmower that Kris advertised in the newspaper. Kris is not a merchant but a private party. Smith and Kris say nothing about delivery in their contract. Under the Uniform Commercial Code, delivery will take place at:
a. Smith’s place of business.
b. Smith’s home.
c. the local chamber of commerce.
d. Kris’s home.
Under the Uniform Commercial Code (UCC), when the seller is not a merchant and the contract does not specify a place of delivery, the default delivery location is the seller's residence.
- Delivery will take place at: d. Kris’s home.
Is there anything else you need clarification on regarding this situation?
- Delivery will take place at: d. Kris’s home.
Is there anything else you need clarification on regarding this situation?
Harvey buys a used Jet Ski from Taylor’s Sports Store. Harvey takes the Jet Ski to the river and discovers that it doesn’t work. He immediately notifies the seller of the problem. Taylor’s can:
a. give Harvey an assurance in writing that the Jet Ski was working when it sold it.
b. cover.
c. reclaim the Jet Ski.
d. cure the defect.
Taylor's Sports Store can:
- d. cure the defect.
Under the California Commercial Code, sellers are generally allowed to attempt to repair or replace defective goods within a reasonable time after being notified of the defect.
Do you need more information on how Taylor's Sports Store can proceed with curing the defect?
- d. cure the defect.
Under the California Commercial Code, sellers are generally allowed to attempt to repair or replace defective goods within a reasonable time after being notified of the defect.
Do you need more information on how Taylor's Sports Store can proceed with curing the defect?
Sullivan contracts with Bristol to sell Bristol * pounds of frozen fish. Sullivan carefully places the fish in boxes, notifies Bristol of the shipment, and puts the goods in the carrier’s hands. Sullivan does not inform the carrier of the contents of the boxes, and when the fish arrive at Bristol’s factory, they are inedible. Bristol:
a. can reject the shipment and consider the contract breached.
b. can reject the shipment, but must continue to perform the contract if Sullivan delivers edible fish.
c. must accept the goods, because Sullivan satisfied his obligations under the shipment contact by placing the goods in the hands of the carrier.
d. must accept the goods, because Sullivan notified Bristol of the shipment.
Bristol can:
- a. reject the shipment and consider the contract breached.
Under the Uniform Commercial Code (UCC), Sullivan’s failure to notify the carrier of the contents, leading to the fish arriving inedible, constitutes a breach of contract.
Do you need more information on how to proceed with rejecting the shipment and addressing the breach?
- a. reject the shipment and consider the contract breached.
Under the Uniform Commercial Code (UCC), Sullivan’s failure to notify the carrier of the contents, leading to the fish arriving inedible, constitutes a breach of contract.
Do you need more information on how to proceed with rejecting the shipment and addressing the breach?
Kelly, a farmer, tells Farm Fresh Onions, Inc., that he will not be able to deliver the quantity of onions agreed to under the contract. If, before the time for performance has occurred, Farm Fresh Onions has not pursued an alternative source for onions and Kelly contacts Farm Fresh Onions to tell them that he can now perform:
a. Farm Fresh Onions does not have to accept his retraction.
b. Kelly is still in breach of contract.
c. the repudiation is retracted.
d. Farm Fresh Onions can still sue for damages.
The answer is:
c. the repudiation is retracted.
Under the Uniform Commercial Code (UCC), if Kelly retracts his repudiation before the time for performance and Farm Fresh Onions has not materially changed its position or indicated that the repudiation is final, then Kelly's retraction is valid.
Is there anything specific you'd like to know more about regarding this situation?
c. the repudiation is retracted.
Under the Uniform Commercial Code (UCC), if Kelly retracts his repudiation before the time for performance and Farm Fresh Onions has not materially changed its position or indicated that the repudiation is final, then Kelly's retraction is valid.
Is there anything specific you'd like to know more about regarding this situation?
Prasanna contracts to buy ten thousand CDs from Louis. Louis ships the CDs to Prasanna. The CDs are exactly as stipulated in the contract, and Prasanna accepts them. If Prasanna fails to pay Louis for the CDs, Louis can:
a. file a lawsuit to recover the purchase price.
b. reject the goods.
c. cure the tender.
d. cover the sale
Louis can:
- a. file a lawsuit to recover the purchase price.
Under California law and the Uniform Commercial Code (UCC), if the buyer accepts the goods and fails to pay, the seller can sue for the purchase price.
Do you need more information on how to proceed with legal action in this situation?
- a. file a lawsuit to recover the purchase price.
Under California law and the Uniform Commercial Code (UCC), if the buyer accepts the goods and fails to pay, the seller can sue for the purchase price.
Do you need more information on how to proceed with legal action in this situation?
Gary wrongfully rejects a shipment of copier paper, and the paper is shipped back to Pacific Paper. When Gary calls Pacific Paper and demands that the paper be returned to him, Pacific Paper can:
a. withhold delivery.
b. replevy the goods.
c. reject the goods.
d. obtain specific performance.
Pacific Paper can:
- a. withhold delivery.
Under the Uniform Commercial Code (UCC), if a buyer wrongfully rejects goods, the seller has the right to withhold delivery or dispose of the goods as they see fit.
Do you need more details on the seller's rights in this situation?
- a. withhold delivery.
Under the Uniform Commercial Code (UCC), if a buyer wrongfully rejects goods, the seller has the right to withhold delivery or dispose of the goods as they see fit.
Do you need more details on the seller's rights in this situation?
David contracts to purchase seven bulldozers from Jena. Jena manufactures the bulldozers, but David is unable to pay. After notifying David of her intentions, Jena may:
a. keep the bulldozers and sue David for the full purchase price.
b. resell or dispose of the goods to a friend in order to maximize the damages that Jena can claim against David.
c. resell the bulldozers, but she must give all profits to David.
d. resell or dispose of the goods in the open market.
Jena may:
- d. resell or dispose of the goods in the open market.
Under the Uniform Commercial Code (UCC) in California, if a buyer fails to pay, the seller can resell the goods in a commercially reasonable manner and recover damages.
Do you need more details on the process of reselling goods under the UCC?
- d. resell or dispose of the goods in the open market.
Under the Uniform Commercial Code (UCC) in California, if a buyer fails to pay, the seller can resell the goods in a commercially reasonable manner and recover damages.
Do you need more details on the process of reselling goods under the UCC?
David contracts to purchase seven bulldozers from Jena. Jena manufactures the bulldozers, but David is unable to pay. After notifying David of her intentions, Jena may:
a. keep the bulldozers and sue David for the full purchase price.
b. resell or dispose of the goods to a friend in order to maximize the damages that Jena can claim against David.
c. resell the bulldozers, but she must give all profits to David.
d. resell or dispose of the goods in the open market.
Jena may:
- d. resell or dispose of the goods in the open market.
Under the Uniform Commercial Code (UCC), specifically § *-*, a seller may resell the goods in a commercially reasonable manner when the buyer fails to pay.
Do you need more details on the process of reselling goods under the UCC?
- d. resell or dispose of the goods in the open market.
Under the Uniform Commercial Code (UCC), specifically § *-*, a seller may resell the goods in a commercially reasonable manner when the buyer fails to pay.
Do you need more details on the process of reselling goods under the UCC?
Troy orders high-end stoves and ranges from a manufacturer, to sell in his appliance store. After the appliances have been loaded onto a truck and are being shipped to Troy, the manufacturer discovers that Troy is insolvent and unlikely to be able to pay for them. The manufacturer can:
a. seasonably reject the tender.
b. cover the tender.
c. cure the delivery.
d. stop the delivery.
The manufacturer can:
- d. stop the delivery.
Under the Uniform Commercial Code (UCC) § *-*, a seller has the right to stop delivery of goods in transit if they discover that the buyer is insolvent.
Do you need more information on how the manufacturer can proceed with stopping the delivery?
- d. stop the delivery.
Under the Uniform Commercial Code (UCC) § *-*, a seller has the right to stop delivery of goods in transit if they discover that the buyer is insolvent.
Do you need more information on how the manufacturer can proceed with stopping the delivery?
Mason orders a load of T-shirts imprinted with the names of bands he is promoting. He plans to sell the shirts at an outdoor rock concert. The shirts arrive on schedule the day before the concert. Some of the printing on the shirts is imperfect and some of the words are misspelled. Mason decides to keep all of the shirts, even the bad ones. He can:
a. sue to recover any losses, if he notified the seller of the defects.
b. sue the seller to recover the full contract price since the goods were otherwise useless.
c. seek no remedy; his complete acceptance is final.
d. sue based on the unconscionability of the contract given the inability to correct the problem.
Mason can:
- a. sue to recover any losses, if he notified the seller of the defects.
Under California law and the Uniform Commercial Code (UCC), if a buyer notifies the seller of defects in a timely manner, they can seek damages for the losses incurred due to the defective goods.
Do you need more information on how to notify the seller and proceed with a lawsuit?
- a. sue to recover any losses, if he notified the seller of the defects.
Under California law and the Uniform Commercial Code (UCC), if a buyer notifies the seller of defects in a timely manner, they can seek damages for the losses incurred due to the defective goods.
Do you need more information on how to notify the seller and proceed with a lawsuit?
Mason orders a load of T-shirts imprinted with the names of bands he is promoting. He plans to sell the shirts at an outdoor rock concert. The shirts arrive on schedule the day before the concert. Some of the printing on the shirts is imperfect and some of the words are misspelled. Mason decides to keep all of the shirts, even the bad ones. He can:
a. sue to recover any losses, if he notified the seller of the defects.
b. sue the seller to recover the full contract price since the goods were otherwise useless.
c. seek no remedy; his complete acceptance is final.
d. sue based on the unconscionability of the contract given the inability to correct the problem.
Mason can:
- a. sue to recover any losses, if he notified the seller of the defects.
Under the Uniform Commercial Code (UCC), a buyer who accepts nonconforming goods can still seek damages for the defects if they notified the seller in a timely manner.
Do you need more information on the process of notifying the seller or pursuing damages?
- a. sue to recover any losses, if he notified the seller of the defects.
Under the Uniform Commercial Code (UCC), a buyer who accepts nonconforming goods can still seek damages for the defects if they notified the seller in a timely manner.
Do you need more information on the process of notifying the seller or pursuing damages?
Vanessa visits Herman’s rare plant store, selects twelve bonsai trees and agrees to buy them. While Herman is in the process of packing the trees, a violent thunderstorm arises. Lightning strikes the greenhouse and destroys the bonsai trees. With respect to the contract:
a. Herman must replace the twelve lost bonsai trees that Vanessa agreed to purchase with twelve new trees.
b. Herman and Vanessa are excused from performance.
c. Herman must find another nursery that has twelve bonsai trees for Vanessa to purchase.
d. Herman and Vanessa must share the loss, because Vanessa has already agreed to make the purchase.
In this situation, the correct answer is:
- b. Herman and Vanessa are excused from performance.
Under the doctrine of impossibility or impracticability, if an unforeseen event (like a natural disaster) destroys the subject matter of the contract, both parties are typically excused from their obligations.
Do you have any other questions or need more details about this situation?
- b. Herman and Vanessa are excused from performance.
Under the doctrine of impossibility or impracticability, if an unforeseen event (like a natural disaster) destroys the subject matter of the contract, both parties are typically excused from their obligations.
Do you have any other questions or need more details about this situation?
Kate agrees to buy a sofa from Juan’s store. Juan offers free delivery as part of the purchase price, but Kate fails to tell him when to deliver the sofa. After three months of asking when he could deliver, and getting no response, Juan finally leaves the sofa on Kate’s front porch on a weekday morning. Unbeknownst to Juan, Kate is away on vacation, and a rainstorm ruins the sofa. Juan is:
a. not liable, because Kate breached the good faith duty of cooperation.
b. not liable, because Kate created an adhesion contract.
c. liable, because he had a duty of assurance.
d. liable, because the tender was nonconformin
Juan is:
a. not liable, because Kate breached the good faith duty of cooperation.
Kate's failure to provide a delivery time breaches the duty of cooperation, making her responsible for the consequences.
Would you like more details on the duty of cooperation or other related legal principles?
a. not liable, because Kate breached the good faith duty of cooperation.
Kate's failure to provide a delivery time breaches the duty of cooperation, making her responsible for the consequences.
Would you like more details on the duty of cooperation or other related legal principles?
Kate agrees to buy a sofa from Juan’s store. Juan offers free delivery as part of the purchase price, but Kate fails to tell him when to deliver the sofa. After three months of asking when he could deliver, and getting no response, Juan finally leaves the sofa on Kate’s front porch on a weekday morning. Unbeknownst to Juan, Kate is away on vacation, and a rainstorm ruins the sofa. Juan is:
a. not liable, because Kate breached the good faith duty of cooperation.
b. not liable, because Kate created an adhesion contract.
c. liable, because he had a duty of assurance.
d. liable, because the tender was nonconformin
Juan is:
- a. not liable, because Kate breached the good faith duty of cooperation.
Since Kate didn't provide the necessary delivery information despite Juan's repeated requests, her lack of cooperation likely absolves Juan from liability.
Do you need more details on California law regarding delivery obligations and good faith cooperation?
- a. not liable, because Kate breached the good faith duty of cooperation.
Since Kate didn't provide the necessary delivery information despite Juan's repeated requests, her lack of cooperation likely absolves Juan from liability.
Do you need more details on California law regarding delivery obligations and good faith cooperation?
Shara asks George to deliver six rose bushes from his nursery to her house. George brings the bushes, and Shara places them around her property. For several weeks, she admires the bushes, but she does not pay for them. Shara has:
a. made a full rejection of the rose bushes, because she hasn’t paid.
b. made a partial rejection of the rose bushes, because she hasn’t paid.
c. accepted the rose bushes; she had a reasonable time to inspect the plants and has failed to reject them.
d. exceeded the statute of limitations.
Shara has:
- c. accepted the rose bushes; she had a reasonable time to inspect the plants and has failed to reject them.
Under the Uniform Commercial Code (UCC), acceptance is implied if the buyer retains the goods without objection after a reasonable period.
Is there anything specific you need help with regarding this situation?
- c. accepted the rose bushes; she had a reasonable time to inspect the plants and has failed to reject them.
Under the Uniform Commercial Code (UCC), acceptance is implied if the buyer retains the goods without objection after a reasonable period.
Is there anything specific you need help with regarding this situation?
The First National Bank of Guatemala issues a letter of credit in which the bank agrees to pay Esteban, a seller of jade, when Esteban delivers a certain amount of jade to a particular location. Esteban is the:
a. adviser.
b. account party.
c. issuer.
d. beneficiary
Esteban is the:
- d. beneficiary
The beneficiary is the party in favor of whom the letter of credit is issued and who will be paid upon meeting the conditions outlined in the letter.
Do you need more information on letters of credit and their legal implications?
- d. beneficiary
The beneficiary is the party in favor of whom the letter of credit is issued and who will be paid upon meeting the conditions outlined in the letter.
Do you need more information on letters of credit and their legal implications?
The First National Bank of Guatemala issues a letter of credit in which the bank agrees to pay Esteban, a seller of jade, when Esteban delivers a certain amount of jade to a particular location. Esteban is the:
a. adviser.
b. account party.
c. issuer.
d. beneficiar
Esteban is the:
- d. beneficiary
The beneficiary is the party who is to receive the payment under a letter of credit upon fulfilling the terms specified.
Do you have any other questions or need more information on letters of credit?
- d. beneficiary
The beneficiary is the party who is to receive the payment under a letter of credit upon fulfilling the terms specified.
Do you have any other questions or need more information on letters of credit?
Mitchell and Emma have a contract where Mitchell will sell Emma twenty-four cases of three-inch heels, in black with a red rose on the top of each shoe. Emma will pay Mitchell for the shoes once they are delivered on March *. On March *, Emma realizes that roses are no longer the flower of the year, but instead Gerber daisies are the new rage. She calls Mitchell to let him know that she will not pay him for those shoes. Mitchell:
a. must wait until the deadlines for the contract, attempt to deliver, and then treat her behavior like a breach when she refuses to accept the shoes.
b. may treat her call like a breach and take steps to minimize his damages.
c. must contact her and offer her a second chance to change her mind.
d. must treat her call like a breach and take steps to minimize his damages.
Mitchell:
- b. may treat her call like a breach and take steps to minimize his damages.
Under the Uniform Commercial Code (UCC), Mitchell can consider Emma's anticipatory repudiation (her call) as a breach and take action to mitigate his damages.
Do you need more information on the steps Mitchell can take to minimize his damages?
- b. may treat her call like a breach and take steps to minimize his damages.
Under the Uniform Commercial Code (UCC), Mitchell can consider Emma's anticipatory repudiation (her call) as a breach and take action to mitigate his damages.
Do you need more information on the steps Mitchell can take to minimize his damages?
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