This preview has intentionally blurred sections. Sign up to view the full version.View Full Document
Unformatted text preview: - C.L. rule: land contracts, long term contracts, others. Must have a traditional signed writing, signed by the party against whom enforcement is sought.-UCC rule is easier to satisfy. UCC 2-201 (2) and (3).-an example of the UCC's modernizing of contract law in the 20th Century, due to the telephone 3. Lack of voluntary consent (fraud, duress, undue influence) voids the contract in all cases 4. UCC rules and common law rules are sometimes different; so when do UCC rules apply, and when do Common Law rules apply?-UCC rules apply when there is a contract is for the sale of goods ; in all other cases the C.L. rules are used.-first there must be a contract, per traditional rules (4 essentials, etc.)-sale = transfer of title for a price, UCC 2-106-goods = tangible, personal property, UCC 2-105-UCC rules are generally not mandatory; they may usually be over-ridden by agreement of the parties-the UCC generally respects "freedom of contract"...
View Full Document
- Spring '08
- Business Law, Common law rules, Uniform Commercial Code, UCC rules, UCC rule