Sales Law October 22, 2009 Winn

Sales Law October 22 Reading estimate for Monday 10/26 – Finish Unconscionability 2-13, 2-14 (skip 2-15) – Chapter 3, Problems 3-1, 3-2 (skip 3-3, 3-4) – Tuesday 10/27: Problems 3-5, 3-6 “Conclusory” contract terms will not be on the exam – But actual terms from Delta & Peco or Wal-Mart & Rockford probably will be used in facts Class preparation strategy – Read statutory section to get oriented – Read comments for clarification – Re-read statutory section to test understanding Introduction to Standards

What about “rolling contracts”? Most law professors reject, focus on oral contract/F2F payment for goods in store – Under Restatement, terms in box are mere proposals that customer is free not to accept – Under UCC, additional terms are mere proposals if buyer is consumer; deemed accepted unless material if buyer is merchant Most practitioners accept, focus on “expectations of parties” that restrictive terms will come in box – Under Restatement, implied condition that buyer will review additional terms and return computer if not acceptable – Under UCC, 2-204(3) not 2-207(2)

Statute of Frauds: Don’t Be a Magpie!

What is Merchant/Law Merchant? Medieval Law Merchant – Legal pluralism in medieval society: applicable law based on legal status: serf under lord, priest under church [benefit of clergy], sailors under admiralty, merchant under law merchant – Sovereigns gave merchants freedom of fairs, freedom of cities to promote trade Early modern Law Merchant – William Murray, Lord Mansfield used panels of merchant experts to introduce law merchant into common law of England Uniform Commercial Code – Historical omance of law merchant, anthropology of tribal customs, German commercial code mixed, but do merchant customs really exist in modern world?