Basics Flashcards
Different types of contracts (2 basic)
Express or implied-in-fact
Merchants are those who either ____ or ____.
Regularly deal in goods of the kind sold;
Otherwise by their profession hold themselves out as having special knowledge or skills as to the goods sold
Offers must show an intention to be ____, not just an invitation _____.
Bound; to negotiate
Note: whether a reasonable person would believe it is a valid offer, regardless of subjective intent
Exception to ads not being offers: (3 elements)
Promise
Certain/definite terms
Identifies the offeree or class
Indefiniteness: what is required for definiteness? 3
Offeree’s name
Offer’s subject matter
Price
Specificity: a UCC sale of goods just needs to state the:
Quantity of the goods
“Requirements” contract— what is it?
B promises to buy from S all the goods that B requires
Output contract:
S promises to sell to B all goods that S produces
An offer may state that a material term will be agreed upon at a future date. T/F
False— this offer is too uncertain