UCC SOF Flashcards
Except as otherwise provided in this section a contract for the sale of goods for the price of _____ or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by his authorized agent or broker.
$500
A writing is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable under this paragraph beyond the _______ __ _____ shown in such writing. UCC § 2-201(1)
quantity of goods
A writing sufficient to show a contract for sale has been made between the parties
Writing is not insufficient because of missing term.
Writing is not insufficient because of incorrectly stated agreed upon term.
Contract is enforceable only to extent of quantity of goods listed in writing.
So contract must give a quantity to be enforceable.
The writing is signed by the party to be charged.
A contract for $500 or more is enforceable
Contract is________ only to extent of quantity of goods listed in writing.
enforceable
Evidence a contract for sale has been made
Gives quantity
Signed by the sender
writing “sufficient to indicate that a contract for sale has been made”
The _______ ______ need not contain all the material terms of the contract and such material terms as are stated need not be precisely stated.
required writing
The only term which must appear is the _______ term which need not be accurately stated but recovery is limited to the amount stated.
quantity
It need not indicate which party is the buyer and which the seller.
Writing
The price, time and place of payment or delivery, the general quality of the goods, or any particular warranties may all be ________.
omitted
Merchant confirmations;
Special manufacture;
Admission in legal proceedings;
Part performance;
Four exceptions to the UCC Statute of Frauds
Between merchants if within a reasonable time a writing in confirmation of the contract and sufficient against the sender is received and the party receiving it has reason to know its contents, it satisfies the requirements of subsection (1) against such party unless written notice of objection to its contents is given within 10 days after it is received.
Merchant Written Confirmation
A contract which does not satisfy the requirements of subsection (1) but which is valid in other respects is enforceable
if the goods are to be specially manufactured for the buyer and are not suitable for sale to others in the ordinary course of the seller’s business and the seller, before notice of repudiation is received and under circumstances which reasonably indicate that the goods are for the buyer, has made either a substantial beginning of their manufacture or commitments for their procurement; or
Specially Manufactured Goods
A contract which does not satisfy the requirements of subsection (1) but which is valid in other respects is enforceable
if the party against whom enforcement is sought admits in his pleading, testimony or otherwise in court that a contract for sale was made, but the contract is not enforceable under this provision beyond the quantity of goods admitted;
Admission in Pleading, Testimony or Court
A contract which does not satisfy the requirements of subsection (1) but which is valid in other respects is enforceable
with respect to goods for which payment has been made and accepted or which have been received and accepted
Partial Performance
Receipt and acceptance either of goods or of the price constitutes an unambiguous overt admission by both parties that a contract actually exists
Partial Performance
