Exam 23: Nature and Form of Sales

The parol evidence rule does not apply to the sale of goods.

To satisfy the statute of frauds, the writing must be signed and must include the price of the goods.

When a term of an acceptance conflicts with a term of an offer but it is clear that the parties intended to be bound by a contract, the UCC still recognizes the formation of a contract, and the conflicting terms cancel each other and are ignored.

The provisions of the CISG have been strongly influenced by Article __________ of the UCC.

The provisions of Article 6 concerning bulk transfers are designed to protect creditors.

Consumer protection statutes may require a writing that is more detailed than the writing required by the statute of frauds provision of the Uniform Commercial Code.

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

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.

All goods other than those existing and owned by a seller at the time of a transaction are called:

A gift is a free transfer of the title to property.

If a contract for the sale of goods does not state the price to be paid, the:

UCC Article 2 applies not only to contracts for the sale of familiar items of personal property, such as automobiles or chairs, but also to the transfer of commodities, such as oil, gasoline, milk, and grain.

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?

Under Article 2 of the UCC, in a situation where it is clear that the parties intended a contract, but a term in the acceptance conflicts with a term in the offer:

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

A merchant is about to transfer his entire inventory as part of an annual clearance action. This transfer is called a bulk transfer.

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

A contract involving both services and goods is classified as a contract for the sale of goods if:

A sales agreement that does not satisfy the statute of frauds is:

Which term is not required in a writing in order to satisfy the statute of frauds?