O goods contracts must follow the perfect tender rule

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o Goods contracts must follow the perfect tender rule. If it is not exactly what you ordered, under the UCC the seller must take it back
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o Service contract is only damages ° Types of Leases Consumer Lease 2A-103 o Lessor in the business of leasing or selling goods o Lessee is an individual o Lessee takes possession for household purposes o Total payments does not exceed $25K Finance Lease 2A-103 o Manufacturer sells (or leases) property to lessor, who in turn, leases to o ° Characteristics of UCC Unconscionability included o Procedural o Substantive Mutual Assent. Unlike common law: o Definiteness not required o Mirror image rule rejected Material breach. Distinction done away with Contract Interpretation. For purposes of interpreting a contract, allows for broader use of o Course of dealing o Usage of trade
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Consideration not required to alter contract ° DJ Coleman, Inc. v. Nufarm Americas, Inc. Facts. – D.J. Coleman bought herbicide from Nufarm. The contract stated that in the event of breach, Coleman’s remedies were limited to a return of the purchase price. Issue – Is the limitation on remedies unconscionable? Rule – A contract (or provision of a contract) is unconscionable where it is both: o Procedurally unfair o Substantively unfair Holding – Here, the contract is : o Procedurally unfair – form contract prevent negotiation o Substantively unfair - ?!?!?!?!!??!?!?! the substance of the contract is
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