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MEE Contract essay for practice.
Typology: Assignments
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Turkan Tashtan Contract Essay 2 Enforceable contract: The UCC will govern contracts that are a sale of goods. Here, the contract in question is about selling knives this is a sale of goods and UCC will control. The issue is whether there is an enforceable contract against the manufacturer to bind him to sell the 10 knives to the chef. The manufacturer and the chef entered into a contract on May 1st at the restaurant trade show. Under UCC section 2-204 (1) a contract may be formed in “any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of such a contract.” Here, at the trade show, the chef’s expression and conduct were clear he wanted 10 knives and he would pay for them. The manufacturer also displayed conduct sufficient to show he agreed with the sale when he said “I’ll ship the 10 knives to your restaurant in a few weeks.” Both parties acknowledged and recognized the sale of the knives through their conversation. The UCC would be satisfied with this manner to suffice a contract being formed between the two parties. There is an enforceable contract against the manufacturer for the sale of 10 knives to the chef. Statute of frauds: The issue is whether the sale of knives for $1,000 is barred by the statute of frauds under UCC. Under the UCC a contract for $500 or more must be in writing to enforce the contract against the other party. The writing requires that it e signed by the party against whom enforcement is sought, and contain the essential elements of the deal. To be an enforceable contract for a sale of
goods that is $500 or more it must be in writing and signed by the offeree the one accepting the offer. Here, the contract for 10 knives is $1,000 so the contract needs to be in writing. This contract would be unenforceable because of the statute of fraud. However, an exception to the $500 or more rule may qualify in this case. In this case, the four expectations do not apply. Although the contract for the 10 knives might be unenforceable, there could be a contract for the 6 knives the manufacturer sent on May 15th with a note. The manufacturer sent the 6 knives with a note asking for $600 and on May 17th the chef sent the money to the manufacturer for the 6 knives. However, the note he sent with the payment asking for the other 4 knives does not satisfy the statute of fraud because it was not signed. Under the UCC a contract that does not meet the statute of fraud requirements may be enforceable if “goods for which payment has been made and accepted or which have been received and accepted.” Here, only the 6 knives have been received and accepted, the payment was only for those 6. The other 4 would not be part of this exception. The exception applies to the 6 knives. Therefore the remainder 4 knives are barred due to the statute of fraud and the manufacturer is not required to send them.