WEEK 7 - a. See green handout b. Subsection 1: for sale of...

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a. See green handout b. Subsection 1: for sale of goods valued at more that $500 a. Need a writing signed by the party against whom enforcement is sought b. A writing is not sufficient because I tmits or incorrectly states the terms agreed upon. c. Example: Oral understanding that I will sell you my car for 5,000. You then show up with acheck but I find someone else to pay me 10,000 I don’t want to sell you the car for 5. You send me an email that says “I have the check. When can we meet” I respond by saying “even though I agreed by phone, I will not agree unless you pay me more” here, even though the writing says there is no intent to enter a contract, it also says that you said there was an oral contract in the first place. So it will be enforceable. c. UCC 2:201(3) Exceptions a. Enforceable if: a.i. Specially manufactured goods a.i.1. See Kalas v. Cook, case 18-2: a lady has a gardening business and there is a printer that prints brochures for her business. The lady dies and the printer tires to collect on payment that she did not pay for. He should have a chance to try to prove that there was an oral contract here because of the goods manufactured a.i.1.a. This will not apply for more generic goods because you cannot prove that they were specially manufactured for someone. a.ii. Admission against interest a.ii.1. By party against whom you are trying to enforce the oral contract a.ii.2. If you argue in the alternative you may be in trouble here a.ii.2.a. Example: there was no contract. But if there was one then It is not enforceable. This could get you in trouble here. a.iii.
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This note was uploaded on 01/08/2012 for the course AEM 3200 at Cornell.

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WEEK 7 - a. See green handout b. Subsection 1: for sale of...

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