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Friday, February 15, 2013

Case Of Chase Pitkin

Chase Pitkin, a deck 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 date of delivery 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 agreement was unenforceable. Is Chase Pitkin correct? Explain.

Issue:
The issue in this case 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]. Second, as the general contract rule states, both contract needs to have four requirements to be enforceable, namely agreement, consideration, capacity and legality. Third, the Statute of Frauds requires that sales contracts for goods priced at $500 or more must be in writing to be enforceable [UCC 2-201(1)]. Fourth, UCC provides a special rule for contracts between merchants.

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Merchants provoke satisfy 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 stinker send an email confirmation of the agreement. Unless the merchant who receives the confirmation gives written notice of objection to its contents within ten long 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 want to set forth a full essay, order it on our website: Orderessay



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