Article 2 Flashcards
1
Q
Current/Prompt Shipment
A
An offer to buy goods for current/prompt shipment can be accepted by a promise to ship or through actual prompt shipment
2
Q
Shipment of Nonconforming Goods
A
Acceptance and breach UNLESS user notifies that nonconforming goods are an accommodation
Accommodation = buyer is free to accept goods or reject, but it’s not a breach of K
3
Q
Mirror Image Rule
A
Doesn’t apply in UCC
4
Q
One Party Not a Merchant
A
K consists of terms of offer
5
Q
Both Parties are Merchants
A
Additional terms of acceptance become part of agreement UNLESS:
- Materially alter - anything that changes a party’s risk or remedy
- Ex: disclaim a warrant - Expressly limited
- Ex: must be accepted as is (plus a new term) - Knockout rule: conflicting terms knock each other out, and UCC substitutes a reasonable term
- - conflicting terms
- + reasonable terms