Contracts Ucc Buyer Seller

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Contracts: Outline: 1. Applicable Law – UCC – Buyer-Seller relationship 2. Formation: 3. Formation Defenses 4. Parole Evidence Rule 5 Breach of Contract Claim 6. Possible Damages/Remedies 7. Type of Contract 8. Minority or Modern Trend UCC vs. Common Law: Uniform Commercial Code Article 2 governs the sale of goods Was there an enforceable contract between Abe and Bob, and if so, at what price? Buyer-Seller: Merchants In order for Bob to prevail in a breach of contract action, buyer (Bob) will have to show he has an enforceable contract with Seller (Abe). I. Applicable Law: this is a sale of goods (widgets) and the UCC governs contracts for the sale of goods. Here in this case, Bob needed widgets for his business and Abe was selling widgets, which are goods therefore the UCC is the applicable law that would govern this transaction. The UCC has special rules applicable to merchants; because it seems that Abe is in the business of selling widgets and Bob is buying widgets both would be considered merchants under the UCC rules, would govern as well. II. Did Buyer (Bob) have an enforceable Contract with Seller (Abe)? Contract Formation requires mutual assent plus consideration. The must be an offer and an acceptance supported by consideration. A. Was there a contract? The price term was left open, but UCC allows for gab filling. The UCC requires a ‘reasonable price at the time of delivery. So there is an issue as to whether five cents per widget is reasonable. 1. Offer made? A valid offer exits if a party communicates to the other party an intention to be bound by the terms of the offer. The terms must be definite, certain terms communicated to an identified offeree. The expression of intention to be bound must contain the essential terms of the agreement a. Cheap Widget

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