Case Of Chase Pitkin

Chase Pitkin, a deck piece of furniture retailer, ordered by teleph angiotensin-converting enzyme $50,000 worth of deck furniture from DeckCo, a deck furniture manufacturer. DeckCo then faxed Chase Pitkin an acknowledgment form, which confirmed the quantity, worth and involution of lurch to which they had agreed on the telephone. On the condition delivery date, DeckCo delivered the furniture to Chase Pitkin and Chase Pitkin refused delivery claiming that that the viva commensurateness was unenforceable. Is Chase Pitkin correct? Explain. Issue: The issue in this event is that whether the oral agreement between Chase Pitkin and DeckCo inescapably to be in writing in order to be enforceable according to the Statute of Frauds. Rules: First, Goods argon tangible and conveyable [UCC 2-205(1)]. A sale is the passing of title of goods to/from a merchandiser for a price [UCC 2-106(1)]. If the case is about the sale of goods, UCC member 2 applies [UCC 2-102]. Seco nd, as the general train rule states, both contract needs to have four requirements to be enforceable, namely agreement, consideration, potentiality and legality. Third, the Statute of Frauds requires that sales contracts for goods priced at $500 or more(prenominal) must be in writing to be enforceable [UCC 2-201(1)]. Fourth, UCC provides a special rule for contracts between merchants.

Merchants provoke take on the Statute of Frauds if, after the parties have agreed orally, one of the merchants sends a signed create verbally confirmation to the other merchant within a reasonable time, or he informer send an email confirmation of the agreement. Unless ! the merchant who receives the confirmation gives create verbally notice of objection to its contents within ten spacious time after receipt, the writing is sufficient against the receiving merchant, even though she or he has not signed it [UCC2-201(2)]. Finally, there are somewhat exceptions to the writing requirements of the Statute of Frauds. Firstly, an oral contract is enforceable if (1) it is goods that are specially manufactured for a particular buyer, (2)...If you compulsion to set forth a full essay, order it on our website: OrderCustomPaper.com

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