understand that in such a situation, if the parties’ conduct indicates a contract was nonetheless formed, 2-207(3) applies be able to distinguish between different terms and additional terms and understand the consequences that follow from that distinction for additional where there is a valid contract, be able to apply 2-207(2) for different terms, where there is a valid contract, be able to apply the majority rule” where the conflicting terms drop “knock-out out of the contract and gap-fillers are used to fill-out the contract understand that when there are writings that don’t establish a contract, but conduct that does, 2-207(3) provides that the terms of the contract are those terms that the parties’ writings agree on, together with gap-fillers Topic 9. Statute of Frauds with Sales of Goods Compendium Chapter 5, pp. 99-113 (all) ✓Prepare all problems in chapter. (That's Purple Problems 5-1, 5-2, 5-3, 5-4, 5-5, and 5-6.) Key code sections: 2-201 statute of frauds, requirement of writing 1-201(b)(37) definition of signed 1-201(b)(43) definition of writing 1-202(e) definition of received 1-103 general construction of UCC for purposes and policies, applicability of other law Key learning objectives: understand when a contract for the sale of goods must be evidenced by a signed writing when the price is $500 or more understand the threshold of what is necessary for a signed writing the signed writing need not be the contract itself mostly you just need: the quantity of goods to be specified note that the contract cannot be enforced for beyond the quantity specified that the writing is by the party against whom “signed” enforcement is sought understand that the requirements for a signature are quite liberal could be a typed name, a printed name, an X, the fact that something was sent on letterhead just as long there is evidence – of intent to authenticate the document be able to the between-merchant exception to the requirement of a signed writing under 2-201(2)
understand that in such a situation, if the parties’ conduct indicates a contract was nonetheless formed, 2-207(3) applies be able to distinguish between different terms and additional terms and understand the consequences that follow from that distinction for additional where there is a valid contract, be able to apply 2-207(2) for different terms, where there is a valid contract, be able to apply the majority “knock-out rule” where the conflicting terms drop out of the contract and gap-fillers are used to fill-out the contract understand that when there are writings that don’t establish a contract, but conduct that does, 2-207(3) provides that the terms of the contract are those terms that the parties’ writings agree on, together with gap-fillers Topic 9. Statute of Frauds with Sales of Goods Compendium Chapter 5, pp. 99-113 (all) ✓Prepare all problems in chapter. (That's Purple Problems 5-1, 5-2, 5-3, 5-4, 5-5, and 5-6.) Key code sections: 2-201 statute of frauds, requirement of writing 1-201(b)(37) definition of signed 1-201(b)(43) definition of writing 1-202(e) definition of received 1-103 general construction of UCC for purposes and policies, applicability of other law Key learning objectives: understand when a contract for the sale of goods must be evidenced by a signed writing when the price is $500 or more understand the threshold of what is necessary for a signed writing the signed writing need not be the contract itself mostly you just need: the quantity of goods to be specified note that the contract cannot be enforced for beyond the quantity specified that the writing is “signed” by the party against whom enforcement is sought understand that the requirements for a signature are quite liberal could be a typed name, a printed name, an X, the fact that something was sent on letterhead – just as long there is evidence of intent to authenticate the document be able to the between-merchant exception to the requirement of a signed writing under 2-201(2)
Sales_Study_Guide_Outline_2017.docx