Chapter 10 & 11 Flashcards
what does article 2 of the Uniform Commercial Code cover?
contracts for the sale of goods
what are good covered under article 2?
tangible, moveable property that have a physical existence.
Services, intangible property, stocks, bonds, are NOT covered.
what if a contract is both goods and services, then does the UCC coer?
a court would use the PREFOMINANT FACTOR TEST to decide. must be primarily for sale of goods not services
what happens under the UCC if a term is left open in a contract?
It depends what term is open.
An offer MUST be definite enough for the parties to ascertain its essential terms.
Under UCC, many contract terms can be open.
Price Term
If not specified, payment is due at the time and the place that they buyer receives the goods and court can affix a reasonable price.
Delivery term
the buyer will take delivery at the seller’s place of business. The seller will deliver within a reasonable period of time.
Quantity term
usually will invalidate contract unless if one of the two following types:
Two types of quantity term
Requirements-I will sell you all of the chocolate that you request for the next three months
Output-I will buy all of the chocolate that you can produce the next three months