Transactional Elements of Sales Contracts - Module 2 of 5
In order for sales of goods contracts to be enforceable, the Code’s statute of frauds provision requires that an agreement for the sale of goods
Assume Acme Auto Repair submits a purchase order for 100 car navigation systems to Baker Auto Supply. Baker agrees to ship the navigation systems but a dispute arises between Acme and Baker. Baker claims the quantity term in the agreement was orally modified to 120 systems. The court finds that a valid contract was formed and the purchase order satisfied the Code’s statute of frauds agreement. Therefore, the court will most likely will enforce a quantity amount of
Assume Acme Auto Repair sends a purchase order to Baker Auto supply for 600 Chevy truck brake lights at $2 each. Both parties are merchants. Baker sends in a signed written confirmation of the order to Acme and a week later Acme sends a written objection stating it objects to the lights listed in the confirmation because they are produced by a non-Chevy manufacturer. Baker insists on payment. Which of the following is true?
Which of the following, if included in a contract, indicates that the contract is the complete and exclusive agreement between the parties?
In a contract for a sale of goods, prior course of performance, prior course of dealing, and usage of trade may
Which of the following types of evidence could be admitted in a dispute over the terms of a sales contract governed by the Code?
Assume a representative from Baker Auto Supply visits Acme Auto Repair and inquires if there is any interest in acquiring backup cameras that can be installed in cars. The representative calls Baker’s offices and forwards a written offer from Acme to buy 40 cameras at $10 each from Baker. Acme additionally includes a requirement that Baker expressly assents in writing to the order. Baker ships the cameras to Acme without acknowledging its assent to the order as requested by Acme. Acme’s requirement of explicit acceptance from Baker is
Assume Acme Auto Repair offers to buy from Baker Auto Supply 100 airbag trigger modules at $50 each in a signed writing. Previously, Acme had purchased airbag modules from Baker for $120, which is a price consistent with similar models in the industry. Baker ships 100 modules and bills Acme for $140. Assuming the court finds that an enforceable contract exists in compliance with statute of frauds and it follows the “knock-out rule,” then the price of the triggers would be
A “no-modification clause” must be signed if
Assume Acme Auto Repair orally agrees to purchase 100 side mirror mounts from Baker Auto Supply for $4 each. Subsequently, they orally agree to increase the price to $5 each. Baker ships the mounts and Acme only pays Baker $400, contending that the increased price is unenforceable under the statute of frauds. Does the modification need to be in writing and signed under the statute of frauds?