to it in writing within ten days after receiving it UCC exceptions oral

To it in writing within ten days after receiving it

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to it in writing within ten days after receiving it UCC exceptions – oral contracts enforceable even with total absence of writing
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o Contract is for goods to be specifically manufactured for particular buyer; must meet following requirements: Goods must be of a type not suitable for sale to others in ordinary course of seller’s business Seller must have either substantially started manufacture of goods or made commitments for procuring them before he/she learned of buyers repudiation of agreement o Defendant admits in court that contract for sale was made o Oral agreement enforced to extent that payment has been made and accepted or that goods have been received and accepted Modification contracts – must be in writing to be enforceable in two situations: o Original agreement had provided that it could be modified only by a writing o If whole contract as modified is required to be in writing under UCC statute of frauds Other statutes requiring a writing o Security agreements – create security interests in favor of lenders of money or unpaid sellers of goods o Lease of goods for more than $1000 When is the Writing Sufficient- General Contract Law? Writing must include o Names of parties o Subject matter of contract o Consideration to be paid o Other terms that court feels are material under circumstances When is Writing Sufficient – Sale of Goods Contract (more than $500)? Writing must be sufficient to indicate that contract for sale was made between the parties Must include quantity Other terms orally agreed upon can be proved in court by oral testimony Parol Evidence Rule When any contract has been reduced to writing and shows that parties intend written document to be final word as to terms parties agreed on neither party can introduce parol (outside) evidence in court for purpose of adding to or changing terms of that contact Prohibits party to a written contract from unilaterally introducing either oral or written statements or agreements made at time of written contract was made which either conflict with or add to the clear unambiguous terms of written contract Exceptions o Written contract is incomplete o Written contract is ambiguous and parol evidence clears up ambiguity o Written contract contains obvious mistake o Parol evidence shows contact not a valid one o Evidence shows that contract was subject to condition precedent o Evidence proves that parties made either an oral or written agreement that modified written contract after written contract had been entered into
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o For sales contracts only: evidence allowed about course of prior dealings of parties or custom of trade in which parties are engaged to explain or supplement a writing, even when evidence
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Chapter 8 Torts Requires interest and duty Negligence Elements o Defendant owned plaintiff duty of due care o Defendant breached duty of due care o Breach caused injury o Plaintiff suffered injury Duty o Foreseeability of harm to plaintiff o Degree of certainty that plaintiff suffered injury o
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  • Spring '08
  • Baker
  • parties

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