Exam 22: Nature and Form of Sales

______ is a transfer of possession - but not title - to personal property.

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

__________ represents a pattern of performance between the parties to a contract.

When an oral contract is made to sell a 75-inch LED LCD TV for $6,800, payment and acceptance of part of the purchase price avoids the bar of the statute of frauds.

Sales law includes special rules that apply to merchants.

A sales contract must be evidenced by a writing if the sales price of goods is equal to or more than:

Janet Durham orally agreed to purchase certain computer hardware priced at $10,000 from Ted Stallings.The sale of the hardware also included a one-time setup service visit priced at $100.The total contract price amounted to $10,100.The computer hardware was delivered and set up, and Durham paid $10,100.Afterwards, Durham discovered that she could obtain the same goods and services from another seller for a total contract price of $9,100.She now seeks rescission of the contract, based on the fact that more than $500 in goods were involved in the sales transaction, that the contract between her and Stallings was subject to the statute of frauds as a result, and that the oral agreement between them was therefore unenforceable.Durham wants to return the computer hardware to Stallings, and receive reimbursement of $10,000 (She is willing to waive her claim to reimbursement for the $100 setup service visit.)  Evaluate Durham's legal position in this matter.

An agreement to periodically deliver home-heating oil to a residential customer that does not indicate the duration of the contract

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

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.

When the price of the goods is $500 or more, a writing signed by the defendant is required in all cases.

If a contract for the sale of goods omits the price to be paid, the: ______.

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

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

Consumer leases:

A sale of goods is defined under UCC Article 2 as transfer of title to intangible property for a price.

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

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

As a general rule, courts will __________ in recovering money or property transferred under an illegal agreement.