Sale of goods II Fall 2013. UCC offer & acceptance Goods Merchants What about mixed contracts? What if UCC does not govern the issue? Offer: I, BUYER,

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Presentation transcript:

Sale of goods II Fall 2013

UCC offer & acceptance Goods Merchants What about mixed contracts? What if UCC does not govern the issue? Offer: I, BUYER, hereby agree to by all my requirements of wheat from SELLER I, SELLER, hereby offer to sell 100 X-box consoles to BUYER for the price of 199 USD/each. This offer is valid until April 1 st, I, BUYER, hereby accept your offer to sell 100 X-box consoles for the price of 199 USD/each with free delivery to Denver, CO.

UCC offer & acceptance I would like to order 100 blue soccer balls for 1 USD/each to be shipped to Denver, CO. SELLER ships 100 red soccer balls for 1 USD/each to BUYER… The perfect tender rule in UCC..with a note Sorry, no blue balls left, sending red ones as an accomodation. Modifications supported by consideration? SOF defenses in UCC? Writing or performance satisfies the SOF EXAM QUESTION I

Warranties Express warranties 1)affirmation of facts 2) description of goods 3) samples Common law doctrine of privity: includes only a party to the contract Remote purchasers included if included in the record Statements made in an ad or other communication Implied warranties 1) Merchantability: fit for its purpose fair average quality CASE SUPPLEMENT FISH CHOWDER CASE

UCC acceptance and delivery Buyers acceptance of goods: 1) Acceptance after inspection 2) Failure to reject..if not substantial impairment, excusable ignorance &revocation after discovery When is performance excused under the UCC? Delivery & risk of loss: EXAM QUESTION II

Damages 1. Contract price- cover price 2. Contract price- market price Exceptions: Lost volume vendors Lost profit if…. 1. regularly deals in the goods and 2. would have made the sale to another person EXERCISE QUESTION