Keep your first DT this fairly straight forward and consider risk of loss. The key is, whenever possible, pass the risk of loss to someone else other than  your client.
Risk of loss (RoL) is one of those concepts that every business person knows about but doesn’t want to acknowledge, something like knowing that you can be audited by the IRS but hoping that you will never be selected for an audit. With that caveat in mind, when goods are damaged or destroyed, which party bears the burden of the loss buyer, seller, orwarehouser (or carrier)? That is, in determining RoL, what factors do courts consider?
DT5: Warranties
We’ve been (and will continue) considering sale and lease of good as defined in UCC Article 2. DT5 has two parts. First, the
scope of Article 2 is limited to sales and certain leases of goods, but not to the transfer of interests in real property. Should the
warranty protections in Article 2 be extended to real property, especially the lease or sale of residential property? Is this
practical? Why or why not?
Second, warranties can be confusing to the naive consumer. Why do you think there are so many rules and laws regarding
warranties, their language, and how they arise and can be disclaimed? If you could simplify these rules, how would you do
so?