Posting for Chapter - USINBSS& COMMERCE CODE CHAPTER 2 SALES http/floZ.tlc;statel‘x.uS/stamtesidocs/BC/contentfhtm/bc.001.09.0009 SUBCHAPTER

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Unformatted text preview: USINBSS & COMMERCE CODE CHAPTER 2. SALES http://floZ.tlc;statel‘x.uS/stamtesidocs/BC/contentfhtm/bc.001.09.0009... SUBCHAPTER 3. FORM, FORMATION AND READJUSTMENT OF CONTRACT § 2-201. FORMAL REQUIREMENTS; STATUTE 0F FRAUDSr (a) Except as otherwise provided in this section a contract for the sale of goods for.the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to . indicate that a contract for sale has been made between the parties 2 and signed by the party against whom enforcement is sought or by his 5 authorized agent or broker. A writing is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable under this paragraph beyond the quantity of goods shown in such writing. (b) Between merchants if within a reasonable time a writing in confirmation of the contract and sufficient against the sender E is received and the party receiving it has reason to know its E contents, it satisfies the requirements of Subsection (a) against such party unless written notice of objection to its contents is j given within ten days after it is received. F (C) A contract which does not satisfy the requirements of - } Subsection (a) but which is valid in other respects is enforceable _ - {1) if the goods are to be specially manufactured for ' ‘ 'the buyer and are not suitable for_sale to others in the ordinary course of the seller‘s business and the seller, before notice of repudiation is received and under circumstances which reasonably indicate-that the goods are for the buyer, has made either a r substantial beginning of their manufacture.or commitments for their ' - procurement; or ' {2) if the party against whom enforcement is sought . admits in his pleading, testimony or otherwise in court_that a - ; .contract for sale was made. but the contract is not enforceable under this provision beyond the quantity of goods admitted; or (3) with respect to goods for'which gayment has been made and accepted or which have been received and accepted (Section 2.606). .‘,V...\..w...._,.... r. Acts 1957, 60th Leg., p. 2343, ch. 785, s 1, eff. Sept- 1, 1957. ........_._.._. ... _.....,.........,..r..no” 8/13f200810:30 AM , rUSZNESS & COMMERCE CODE CHAPTER 26. STATUTE OF http://fl02.tlc.state.tx.us/stamtes/docs!}3Clcontent/htnubcflm.00.0006... BUSINESS 6: COMMERCE CODE camera 25. STATUTE OF moms § 26.01. PROMISE DR AGREEIEN'T MUST BE IN WRITING. (a) A promise or agreement described in Subsection {b} of this section is not enforceable unless the promise or agreement, or a memorandum of it, is (1) in writing; and (2) signed by the person to he charged with the promise or agreement or by someone lawfully authorized to sign for him. lb} Subsection {a} of this section applies to: (1} a promise by an executor or administrator to answer out of his own estate for any debt or damage due from nis testator or intestate; (2) a promise by one person to answer for the debt, default, or miscarriage of another person: (3) an agreement made on consideration of marriage or on consideration of nonmarital conjugal cohabitation; {4) a contract for the sale of real estate; (5) a lease of real estate for a term longer than one year: one year from the date of making the agreement,- (6) an agreement which is not to be performed within {’7} a promise or agreement to pay a commission for the sale or purchase of: (B) an oil or gas royalty; {C} minerals; or (D) amineral interest; and (A) an oil orgas mining lease; [8) an agreement, Rroznise, contract. or warranty of cure relating to medical care or results thereof made by a physician or health care provider as defined in Section 74.001, Civil Practice and‘Remeciies code. This section shall not apply to pharmacists . Acts 1957, 60th Leg., vol. 2, p. 2343, ch. "185, S 1. Amended by Acts 1977‘, 65th Leg., p. 2053, ch. 817, § 21.01, eff. Aug. 29, 1977; Act's 1987, 70th Leg” ch. 551, § 1, eff. Aug. 31, 1987. Amended by: AGE} 2005, 79th Leg., Ch. 187. § 1, eff. September 1, 2005. 8/18/2008 1013i AM & . i ...
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This note was uploaded on 05/06/2010 for the course ACC ACC 3301 taught by Professor Law during the Spring '10 term at University of Texas-Tyler.

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Posting for Chapter - USINBSS& COMMERCE CODE CHAPTER 2 SALES http/floZ.tlc;statel‘x.uS/stamtesidocs/BC/contentfhtm/bc.001.09.0009 SUBCHAPTER

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