Statute of Frauds & Sales Contracts
The minimum value of goods that triggers the requirement for a written contract under the Statute of Frauds.
$500
This term describes someone who deals regularly in the type of goods being exchanged or claims special knowledge in a sales transactions
merchant
This is the definition of a sale: a contract in which this transfers immediately from seller to buyer for a price.
ownership
This legal term describes a contract or clause that is grossly unfair and offends an honest person's conscience and sense of justice.
unconscionable
This act occurs when the seller places goods within the buyer's possession.
delivery
This type of contract for goods over 500 may be enforceable if the buyer makes a partial payment for indivisible goods, like a single oak desk
oral contract
This term describes an individual who does not qualify as a merchant, such as someone selling their private automobile.
casual seller
According to the UCC, goods are tangible, movable items of this type of property (as opposed to land or buildings).
personal property
This type of contract, where one party dictates all the important terms and leaves the other with little or no bargaining power, is more likely to be found unconscionable.
adhesion
This document serves as written evidence of the transfer of ownership of goods and helps prove value if goods are lost, stolen, or destroyed.
bill of sale
Under the "merchant's exception," if one merchant sends a written confirmation of an oral deal, this long the second merchant has to object in writing to avoid being bound.
What is 10 days?
Adonis held garage sales on this many consecutive weekends, causing the city to declare him a merchant.
33
This term describes goods that specifically fulfill the seller's obligations under the contract.
conforming goods
Name one of the three things a court can do when it finds a contract or clause unconscionable.
refuse to enforce the contract, enforce it without the clause, or limit the clause's application
Unless a sale is on credit or otherwise agreed, the seller may keep the goods until the buyer does this.
pay in full
This is all that needs to be in writing for a sales contract to satisfy the Statute of Frauds; other terms like price or delivery time can be proven later in court.
What is the quantity of goods?
Name one type of special government requirement that merchants, but not casual sellers, are subjected to, according to the text.
regulation, licensing, or taxation
This arrangement occurs when a seller cannot provide conforming goods but instead provides non-conforming goods that might suffice, with notification to the buyer.
accommodation
The law is not designed merely to relieve a person of this, even if they bought overpriced, poor quality, or completely unneeded goods.
bad bargain
In a sales contract, the buyer's duty to pay and the seller's duty to transfer possession are called these types of conditions, meaning neither party has to perform until the other does.
concurrent conditions
According to the Checkpoint question, this is the total number of situations in which the Statute of Frauds does not apply to sales contracts.
4
A proposal for an addition to a sales offer is binding on the original offeror if it does not materially alter the offer and the original offer does not do this.
expressly bar such changes
According to the text, this type of contract between parties exchanging goods for goods is called a barter.
sale
If a buyer has already paid double the seller's cost under an oppressive installment contract, a court might grant this result without requiring further payment.
title to the goods
This type of delivery occurs when there is no actual physical transfer of the goods, but the recipient still has the power to accept them.
constructive delivery