2013-Fall-LaPuma-SpecialProblems-Contracts-Torts-Answer

2013-Fall-LaPuma-SpecialProblems-Contracts-Torts-Answer -...

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Golden Gate University School of Law 10: Exam Name: SP _ContTorts_(LaPuma)_finai_13FL Grade:
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1) What law applies to all these contracts? The UCC governs all contracts for the sale of goods.lil A good is a tangible item. Iii Here, the contract involves the sale of almonds, which is a good. li!Thus the UCC applies in this case and to this contract. Also, as the UCC applies, the UCC's special rules of merchants also applies. 0Here, Pain is a buyer of almonds and both Ann and Nutco are suppliers of nuts, making them all merchants. lilThus the special rules of merchants applies in this case. Is there a valid contract? In order to have a valid contract, there must be an offer, acceptance, consideration and no defenses to the formation of the contract. An offer is a manifestation of a present intent to contract expressed by a promise, undertaking, or commitment, stated in clear and definite terms communicated to another party.
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Ann offered to supply Pain with all of Pain's "high quality" almond requirements for one year, at the cost of $3000 a month, payable upon delivery of each shipment, which was to be made on the first day of each month.!ll Both parties were specified, the cost of the almonds was present and the delivery date and payment date were all specified in this offer. However the only part missing was the exact quanitity of the almonds to be delivered.0 This lack of quanitity does not render the offer invalid however because this is a contract of requirement.lil I wouldn't discuss offer here. They tell you they entered into a contract. You need to discuss then mutual assent. meeting of the minds, consideration and defenses to formation if any apply. Requirement and ouput contracts While normally in the sale of goods, the quanitity of the goods need be specified or made to be specified, there is an exception. In output and requirement contracts, where the buyer promises to purchase all the goods they require from the seller and the seller promises to sell all the goods they produce/output to the buyer, there is no specific quanitity.fil But the quanitity can be made to be specified, as the quanitity is the amount the buyer requires or the amount the seller produces/outputs, thus making these forms of contracts valid and enforceable. 121 Here, that is exactly what is happening. Ann will supply all of
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