SOF Q. Forum

Discussions related to the bar exam are found in this forum
Forum rules
Anonymous Posting

Anonymous posting is only appropriate when you are sharing sensitive information about bar exam prep. You may anonymously respond on topic to these threads. Unacceptable uses include: harassing another user, joking around, testing the feature, or other things that are more appropriate in the lounge.

Failure to follow these rules will get you outed, warned, or banned."
E&H

New
Posts: 12
Joined: Thu Apr 20, 2017 11:12 am

SOF Q.

Post by E&H » Mon Jan 14, 2019 11:23 am

Does anyone understand the exception under the Sale of Goods>$500 rule? It has something to do with payments already made but my outline doesn't explain it
Tia

estefanchanning

Bronze
Posts: 352
Joined: Sat Mar 19, 2016 12:22 pm

Re: SOF Q.

Post by estefanchanning » Mon Jan 14, 2019 12:17 pm

two exceptions


(1) Confirmatory Memo Exception: No need for written contract if below elements are met, unless you receive a response within 10 days
-Memo between merchants (both merchants)
-Sent within reasonable time
-Sufficient against sender (i.e., contract for sale of good, with quantity, signed by sender and not just signed by person against whom enforcement is sought.)
-Receiving party has reason to know of contents

(2) Other Exception: No need for written contract if ANY of the below is true—
-Contract is for specially manufactured goods and substantial beginning of manufacture/procurement for entire contract has begun; or
-Goods can’t be suitable for sale to others in ordinary course of business; or
-Defendant admits in pleadings that contract for sale was made (up to admitted quantity); or
-Goods are received and accepted or have been paid for (up to accepted/paid quantity)

E&H

New
Posts: 12
Joined: Thu Apr 20, 2017 11:12 am

Re: SOF Q.

Post by E&H » Mon Jan 14, 2019 1:14 pm

Thanks much

Post Reply Post Anonymous Reply  

Return to “Bar Exam Prep and Discussion Forum”