Quote:
Originally Posted by Head In Hands
please tell me someone here understands ucc 2-201(2)
am i supposed to assume it only means between merchants for sales over $500 or just in general between merchants.....so confused....must be over $500 right?
so what about over $500 between anyone??
/head explodes
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I can break it down for you. Some how my midterm only had offer and acceptance on it. nothing on ucc 2-207 or the statute of frauds. Just means the final is going to be ridiculous.
Anyways:
2-201 is is for a contract for the sale of goods between anyone and it must therefore be in writing. It is $500 or more. So if it is $500 on the dot, it must be in writing. There are exceptions (of course there are, this is the law).
Receipt and sale of goods:
If the buyer receives and accepts all or part of the goods the contract is enforceable. (Goods accepted must be in the contract)
Partial payment.
Special Manufacture: If the contract calls for the manufacture of special goods for the buyer not sutiable for the sale to others in the ordinary course of the seller's business, and the seller makes either a "substantial beginning" in the manufacture of the goods or commitments for their procurement.
No obligation confirmation: If the contract is between merchants; within a reasonable time a written confirmation, which satisfies the SOF as to the sender, is sent; and the party receiving the confirmation does not dispatch a written objection to it within 10 days.
Admission: If the contract is admitted by the party against whom enforcement is sought, in his pleadings or testimony in court.
Also when there is an original agreement that is below the SOF limit and not governed by the SOF, and it is modified to increase the monetary amount, it becomes governed by the SOF. Same goes if the original agreement was above the $500 and a modification of the contract brings it below, it will not be governed by the SOF.
This is from my outline not off the top of my head. Hope it helps.
3 exams down for me. Crim and process to go, both are open everything. Good luck with yours