Chapter 18 Assignment - Kathleen Basurto Business...

Info icon This preview shows page 1. Sign up to view the full content.

Kathleen Basurto 4/19/2016 Business Law-2211-NET04 Instructor – Susan Horn Case 18.1 – Good or Service Question 1: Is this transaction one involving goods, making it subject to Article 2? Unfortunately for Gulash, the contract does not appear to be one involving goods as defined by the UCC and is not subject to Article 2. The most important factor is that there is no actual “Good” being sold. What is being sold is material and service to labor in order to assemble a swimming pool. This does not fall under Article 2 of the UCC. Another issue is that there is no definition in the contract as to what portion of the $3690 was for the actual material used. Had it been defined as more than the amount of the service of labor, it could have resulted in making it
Image of page 1
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: subject to Article 2 as a mixed sale. Case 18.4 – Open Terms Question 1: Has a valid sales contract been formed? In this case, a valid sales contract has been formed. Even though it appears that the terms are too indefinite, there is some indication as to the type of goods, the price, the amount and, the approximate time of delivery were all present. Under the UCC, even though the initial contract was an oral contract, Schmieding did contact Cagle both by phone and again in writing. Understandably, the letter sent leaves for much interpretation, however it is clear that the intent was to form a written contract. The intent by both parties is enough to validate an oral contract....
View Full Document

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern