By the Numbers
§2-205
What is Firm Offers?
Additional Terms in Acceptance or Confirmation.
What is §2-207?
Warranty to Title and Agains Infringement.
What is §2-312?
One whose business is buying selling goods for profit; esp., a person or entity that holds itself out as having expertise peculiar to the goods in which it deals and is therefore held by law to a higher standard of expertise than that of a nonmerchant.
What is a merchant?
§2-314
What is Implied Warranty; Merchantability; Usage of Trade?
§2-204
What is Formation in General?
Offer and Acceptance in Formation of Contracts.
What is §2-206?
§2-314
What is Implied Warranty; Merchantability; Use of Trade.
This part of the section is "between merchants."
What is §2-207 (2)?
Good Faith Obligation
What is §1-304?
§2-104
What is Definition of Merchants?
What Constitutes Acceptance of Goods.
What is §2-606?
§2-316
What is Exclusion or Modification of Warranties?
"...unless acceptance is expressly made conditional on assent to the additional or different terms."
What is "a definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon." §2-207(1).
§1-303
What is Course of Performance, Course of Dealing and Usage of Trade?
§2-202
What is Final Written Expression?
Buyer's Rights on Improper Delivery.
What is §2-601?
Implied Warranties: Fitness for Particular Purpose.
What is §2-315?
The relied upon outcome when: "Conduct by both parties which recognizes the existence of a contract sufficient to establish a contract for sale although the writings of the parties do not establish a contract." §2-207 (3).
What happens when the particular terms of a contact "consist of those terms on which the writings of the parties agree, together with any supplementary terms..." (Gap Fillers).
Warranty to Title and Against Infringement
What is §2-312?
§2-201
What is Statute of Frauds?
Impracticability of Performance.
What is §2-615?
An express or implied promise that something in furtherance of the contract is guaranteed by one of the contracting parties; esp., a seller's promise that the thing being sold is as represented or promised.
What is a warranty?
If the deal is between merchants, then once an offer has been made, any new or additional terms included in the acceptance of that offer become part of the final agreement unless:
(a) the offer expressly limits acceptance to the terms of the offer;
(b) they materially alter it; or
(c) notification of the objection to them has already been given or is given within a reasonable time after notice of them is received.
§2-508
What is Cure by Seller of Improper Tender?