Sales law deals with the sale of goods. Sales law is a special type of contract law, but the common law informs much of Article 2 of the UCC—with some differences, however.
The sale of goods act offer and acceptance law requires more definiteness than the Stationery sale offered near me. Under the UCC, a click at this page obligation may arise even if voods agreement has open terms Under the UCC, a term that has not been expressed in the contract.
Under Section 3such an agreement for sale is not voidable for indefiniteness, as in the common law, if the parties have intended to make a contract and the court can find a reasonably certain basis for giving an appropriate remedy.
Perhaps the most important example is the open price term. The open price term is covered acceptanec detail in Section At common law, a contract that fails to specify price or a means of accurately ascertaining price will almost always fail.
This is not so under the UCC provision regarding open price terms. However, if the parties intend not to be bound unless the price is first fixed or agreed on, and it is not fixed or agreed on, then no contract results.
Uniform Commercial Code, Section 4. Another illustration of the open term is in regard sale of goods act offer and acceptance particulars of performance. Section stationery sale offered near me provides that a contract for sale of goods is not invalid just because it leaves to one of the parties the power to specify a particular means of performing. A proposal is sufficiently definite if it indicates the goods and expressly or implicitly fixes or makes provision orfer determining the quantity and the price.
In such case the terms of the caceptance contract consist of those terms on which the writings of the parties agree, together with any supplementary terms incorporated under any other provisions of this Act.
Richard E. Paul, MN: West. If he does not so offe, the terms of the contract are the terms of the offer with the modifications contained in the acceptance. There is no particular difference between the common law and wnd UCC on issues of duress, misrepresentation, undue influence, or mistake.
The UCC requires no consideration for modification of a sales contract made in good faith; at common law, consideration sale of goods act offer and acceptance required to modify a contract.
Uniform Commercial Code, Section accceptance. Uniform Commercial Code, Section 1— Note, however, the person can give an option under either common law or the code. It may be proved by any means, including witnesses. The UCC modernizes and simplifies some common-law strictures. The UCC has a Statute of Frauds analogous to the common law, and its parol evidence rule is similar as well. Previous Section. Acceotance of Contents. Next Section. Reality of Consent There is no particular difference between the common law and the UCC on issues of duress, misrepresentation, undue influence, or mistake.
Consideration The UCC The UCC requires no consideration for modification of a sales contract made in good faith; at common law, consideration is sale of childrens clothing observed list to modify a contract. Exercises Why does the UCC change the common-law mirror image rule, and acceptanec The requirement for consideration is relaxed under aact UCC compared with common law.
In what circumstances is no consideration necessary under otfer UCC? Explain your answer.