Exam 22: Nature and Form of Sales

An oral contract to sell specially manufactured goods is enforceable if the goods cannot be sold to other buyers,and the manufacturer has made a substantial progress in manufacturing the goods.

The UCC has adopted the common law 'mirror image' rule.

An output or requirement contract is not enforceable unless the parties include an estimate of prospective amounts.

Any modification of a sales contract between merchants must be supported by some form of consideration.

All of the following are covered by Article 2 of the UCC except: ______.

Which of the following situations create(s)an exception to the statute of frauds writing requirement?

The sale of goods is governed which article of the Uniform Commercial Code?

A merchant cannot revoke a firm offer to buy or sell goods if the merchant has:

Under Article 2,when two parties intend to form a contract but the acceptance includes conflicting terms: ______.

Newlog,which had developed a new process for making artificial logs,entered into an oral contract with Specialty Manufacturing.The contract provided that Specialty would manufacture a special part that Newlog needed to make its artificial log machinery.The contract provided that Specialty would make the part to Newlog's specifications.Newlog orally agreed to pay $5,000 for the part.Specialty made the part to Newlog's specifications,but Newlog refused to pay,claiming that the oral contract was unenforceable because of the statute of frauds.Is Newlog correct?

A firm offer is effective for three months,but only if the merchant receives consideration.

Gonzalez Manufacturing negotiated by telephone to purchase approximately $7,000 worth of digital video recorders from Video Imports.The final details were worked out by telephone calls on April 2nd.On April 4th,Video sent Gonzalez a confirmation of their telephone agreement,which included pertinent details.Meanwhile,on April 3rd,Gonzalez was offered a better deal than Video's and accepted it.Upon arrival of the confirmation on April 6th,Gonzalez ignored it and did nothing further until May 1st,the date before Video was to deliver.On May 1st,Gonzalez informed Video that their contract was an unenforceable oral contract and that delivery would not be accepted.?When attempts to amicably settle the matter failed,Video sued Gonzalez for breach of contract.Decide.

The term "course of dealing" refers to the language and customs of an industry.

The CISG governs all contracts between parties in the countries that have ratified it.

A bill of sale can be used as proof of an otherwise oral agreement.

With regard to transactions between merchants,failure to repudiate a confirming letter within ten (10)days after receipt binds the non-signing merchant,just as if he had signed the letter or a contract.

Consumer leases:

If a contract calls for both rendering services and supplying materials to be used in performing the services,the contract is classified according to its dominant element.

A contract of indefinite duration may be terminated by notice from either party to the other party.

The UCC permits a court to refuse to enforce a sales contract that it finds to be unconscionable.