1.Sales Contracts between Merchants and the Uniform Commercial Code
a)For the purpose of UCC article 2, what is a sale?
b)For the purpose of UCC article 2, who is a merchant?
c)How do article 2A provisions of the UCC differ from article 2 provisions?
d)How does the UCC change the effect of the common law of contracts regarding the requirement of definiteness?
e)How do UCC provisions differ from the common law regarding modifications of contracts?
f)How does the UCC define unconscionability?
2. Compare and contrast, formation of SALE contracts under Uniform Commercial Code (UCC) and contracts under Contracts for the International Sale of Goods (CISG) with respect to the following heading:
a) Mirror Image Rule
b) Irrevocable Offer
c) Time of Contract Formation
d) Choice of Forum
e) Choice of Language
f) Choice of Law
3.Flossy promises to pay her cousin Garth, who is obese,$10,000 if Garth loses 100 pounds within the next two years. Garth agrees, performs his part of the bargain, and asks for the money. Flossy refuses to pay, saying that she forgot about the deal, but that even if she did make such a pledge, there is no valid consideration for it. Garth files a suit against Flossy. In whose favor is the court likely to rule and why?
4. Dora, an architect, markets her services through Eagle Designs, an architectural firm. For all intents and purposes, Dora is the firm. She offers to design a store for Fines Stores Corporation for $10,000. Before Fine accepts, Dora dies. Fine’s officers donotlearn of the death until after they accept. What is the status of the offer?
5.On May 1,Brand Industries sent Carol a letter, via overnight delivery, offering to employ her to audit Brand’s financial statements for the current year for $1000. In the letter, Brand Industries stated that Carol had ten (10) days to accept. On May 5, Carol sent Brand Industries a fax that stated, “the price for the audit seems too low.
“Would you consider paying $1200?” Brand industries received the fax. The next day, Dan offered to conduct the audit for $800.On learning of Dan’s offer, Carol immediately e-mailed Brand Industries,agreeing to do the work for $1000. Brand Industries received this email on May 7. Explain why Brand Industries andCarol do, or do not, have a contract.
6. Delta Company hires Earl to design a web page for Delta for $400.Before the project is started, Delta asks Earl to trouble-shoot Delta’s computer operating systems software for an additional $400. Earl agrees.
The entire contract is oral. Earl completes the work, but Delta refuses to pay. Earl files a suit against Delta, who raises theStatute of Frauds as a defense.Can Earl recover from Delta? if so, how muchand what basis?
Points: 60 points.
