UCC Battle of the Forms Flashcards
Jared operates a retail hardware store. By telephone, Sarah, a plumber, contacts him:
Communication 1 (telephone), Sarah: Do you have in stock a full set of metric combination wrenches?
Communication 2 (telephone), Jared: Yes, we do. Give me your fax number or address, and I’ll send you a written description and order form.
Communication 3 (telephone), Sarah: Thanks very much. Send it by email, please, to Splum@sp.com.
Communication 4 (email), Jared: [description of the wrenches, and then] Full set $450 without ratchet kit. If you want the set, we’ll assemble it for you right away. You may pick it up at our store any time tomorrow.
Communication 5 (email), Sarah: I’ll take it, but please include ratchet kit at your ordinary price.
Jared then assembles the wrenches and readies them for Sarah.
Communication 6 (email), Jared: We have assembled the wrenches for you, but we do not have any ratchet kits. Please come and take the wrenches. For payment we accept cash, credit card, or debit card.
Communication 7 (email), Sarah: Without the ratchet kit I have no interest in the wrenches. Thanks very much, but I won’t be making the purchase.
Communication 8 (email), Jared: You have a contractual obligation to purchase the wrenches, and you have no right to the ratchet kit.
Which of the following facts best supports Jared’s position?
A. Sarah initiated the contact with Jared; Jared did not initiate contact with Sarah.
B. In reliance on Sarah’s statements, Jared assembled the wrenches.
C. In this circumstance, both Sarah and Jared are merchants.
D. Wrenches are goods.
D. Wrenches are goods.
WaxCo is in the business of selling wax to candle manufacturers. CandleCo manufactures candles. On August 10, with a signed, preprinted “Available for Purchase” form, completing various of its blank spaces in handwriting, WaxCo makes CandleCo this offer: “Will ship to you @$200 per ton, 15 tons of WaxCo Z-25 Candle Wax, color White. Total price: $3,000. Delivery within 10 days of your acceptance. Will unload and stack boxes on your receiving platform.”
On August 11, by signed, preprinted “Purchase Order” form, completing various of its blank spaces in handwriting, CandleCo responds by signed writing.
For this question, assume that on August 11, CandleCo responds thus: “As per your offer of August 10, please ship. Additional Comment(s): You will stack boxes in piles of three .” Making no response to CandleCo, WaxCo delivers the wax and stacks the boxes in piles of four (not three). CandleCo sues WaxCo alleging that WaxCo was contractually obliged to stack the boxes in piles of three. WaxCo maintains that the parties’ contract included no such requirement. Which of the following facts, if proven, best supports WaxCo?
A. In the wax industry, sellers ordinarily deliver boxes and stack them in piles of four.
B. Many times in the past, WaxCo has delivered wax to CandleCo, stacking the boxes in piles of four.
C. The difference between piles of three and piles of four materially alters WaxCo’s obligation.
D. WaxCo and CandleCo have never before done business with each other.
C. The difference between piles of three and piles of four materially alters WaxCo’s obligation.
