UCC Provisions Flashcards
UCC § 2-205 is:
The Firm Offer Rule, limited to goods, merchants, and a signed writing
The Firm Offer Rule is which UCC provision?
§ 2-205
UCC § 2-207 is
“Battle of the Forms”
The “Battle of the Forms” is which UCC provision?
UCC § 2-207
Output, Requirements, and Exclusive Dealings
We need to know the “quantity” of a contract, because leaving it out would make the contract unclear. Which UCC provision is this?
UCC § 2-306
Output, Requirements, and Exclusive Dealings
We need to know the “quantity” of a contract, because leaving it out would make the contract unclear. Which UCC provision is this?
UCC § 2-306
UCC § 2-306 is
Output, Requirements, and Exclusive Dealings
There needs to be a “quantity” in the sale of goods
These are the only 2 types of contracts that can be seen as binding without stating an exact number
- Output contracts (one party agrees to buy ALL of the good that the other party makes)
- Requirement contracts (one party promises to sell the other side all of the good they need)
UCC § 2-209 is
A modification in a contract is fine as long as it’s a “good faith” change
A modification in a contract is fine as long as it’s a “good faith” change is which provision of the UCC?
UCC § 2-209
UCC § 2-201 is
Requirements for the Statute of Frauds with respect to the Sale of Goods (must be writing sufficient to indicate a contract for sale has been made, and parties signed)
Requirements for the Statute of Frauds with respect to the sale of goods is which UCC provision?
UCC § 2-201
UCC § 2-202(b) is
Bars parol evidence if the parties intended the signed contract to be the “complete and exclusive” statement of their agreement
Which UCC provision bars parol evidence if parties clearly intended the signed contract to be the “complete and exclusive” statement of their agreement?
UCC § 2-202(b)
UCC § 2-313 is
Express Warranties by Affirmation, Promise, Description, Sample
What are the 3 ways express warranties are created?
- Affirmation of fact or promise made by the seller that relates to the goods and becomes a basis of the bargain
- Any description of the goods which is made part of the basis of the bargain
- Any sample or model which is made part of the basis of the bargain
Express warranties by affirmation, promise, description, or sample is which provision of the UCC?
UCC § 2-313
UCC § 2-314 is
Implied Warranty: Merchantability
What UCC provision is Implied Warranty: Merchantability?
UCC § 2-314
What does Implied Warranty: Merchantability mean?
- It’s an implied warranty that the goods will be able to be resold (merchantable)
- Goods to be merchantable must be essentially what was agreed upon and able to be resold
UCC § 2-601 is
Perfect Tender
The Perfect Tender rule is which UCC provision?
UCC § 2-601
What are a buyer’s 3 options under UCC § 2-601?
- Reject/return the non-conforming goods
- Keep them (consider them “good enough”)
- Go find another seller for the same product and sue the seller for the difference (Cover; Buyer’s procurement of Substitute Goods)
UCC § 2-712 is
Cover; Buyer’s Procurement of Substitute Goods
The buyer can find another seller for the same product and sue for the difference in price
