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Chapter 18 Formation of Sales and Lease Contracts CHAPTER 18 FORMATION OF SALES AND LEASE CONTRACTS © 2010 Pearson Education, Inc., publishing as Prentice-Hall
Uniform Commercial Code (UCC) ,[object Object],[object Object]
Overview of UCC ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
Overview of UCC   (continued) ,[object Object],[object Object],[object Object],[object Object],[object Object]
Article 2 (Sale of goods) ,[object Object],[object Object],[object Object]
What is a Sale? ,[object Object],[object Object]
What are Goods? ,[object Object],[object Object],[object Object],[object Object]
Services ,[object Object],[object Object],[object Object],[object Object]
Who is a Merchant? ,[object Object],[object Object],[object Object]
Article 2A (Leases) ,[object Object],[object Object]
What is a Lease? ,[object Object],[object Object],[object Object]
Finance Lease ,[object Object],[object Object],[object Object]
Finance Lease   (continued)
Offer ,[object Object],[object Object],[object Object]
Open Terms ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
Firm Offer Rule ,[object Object],[object Object],[object Object],[object Object]
Consideration ,[object Object],[object Object],[object Object],[object Object]
Acceptance ,[object Object],[object Object],[object Object],[object Object]
Additional Terms ,[object Object],[object Object],[object Object],[object Object]
Accommodation Shipment ,[object Object],[object Object],[object Object]
Statute of Frauds ,[object Object],[object Object]
Exceptions to Statute of Frauds ,[object Object],[object Object],[object Object],[object Object]
Written Modification ,[object Object],[object Object]
Written Confirmation Rule ,[object Object],[object Object],[object Object]
Parol Evidence Rule ,[object Object],[object Object],[object Object]
Parol Evidence Rule   (continued) ,[object Object],[object Object],[object Object],[object Object]
Comparison of Contract Law and  Law of Sales   (1 of 3) Topic Common Law Contracts UCC Law of Sales Definiteness Contract must contain all of the material terms of the parties’ agreement. UCC gap-filling rules permit terms to be implied if the parties intended to make a contract. Irrevocable offers Option contracts. Option contracts. Firm offers by merchants to keep an offer open are binding up to three months without any consideration.
Comparison of Contract Law and  Law of Sales   (2 of 3) Topic Common Law Contracts UCC Law of Sales Counteroffers Acceptance must be a mirror image of the offer. A counteroffer rejects and terminates the offer. Additional terms of an acceptance become part of the contract if (1) they do not materially alter the terms of the offer and (2) the offeror does not object within a reasonable time after reviewing the acceptance.
Comparison of Contract Law and  Law of Sales   (3 of 3) Topic Common Law Contracts UCC Law of Sales Statute of Frauds Writing must be signed by the party against whom enforcement is sought. Writing may be enforced against a party who has not signed it. Modification Consideration is required. Consideration is not required.
Proposed Revisions to Articles 2 and 2A ,[object Object],[object Object],[object Object],[object Object],[object Object]

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Blaw7e 18

  • 1. Chapter 18 Formation of Sales and Lease Contracts CHAPTER 18 FORMATION OF SALES AND LEASE CONTRACTS © 2010 Pearson Education, Inc., publishing as Prentice-Hall
  • 2.
  • 3.
  • 4.
  • 5.
  • 6.
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  • 10.
  • 11.
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  • 13. Finance Lease (continued)
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  • 18.
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  • 22.
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  • 27. Comparison of Contract Law and Law of Sales (1 of 3) Topic Common Law Contracts UCC Law of Sales Definiteness Contract must contain all of the material terms of the parties’ agreement. UCC gap-filling rules permit terms to be implied if the parties intended to make a contract. Irrevocable offers Option contracts. Option contracts. Firm offers by merchants to keep an offer open are binding up to three months without any consideration.
  • 28. Comparison of Contract Law and Law of Sales (2 of 3) Topic Common Law Contracts UCC Law of Sales Counteroffers Acceptance must be a mirror image of the offer. A counteroffer rejects and terminates the offer. Additional terms of an acceptance become part of the contract if (1) they do not materially alter the terms of the offer and (2) the offeror does not object within a reasonable time after reviewing the acceptance.
  • 29. Comparison of Contract Law and Law of Sales (3 of 3) Topic Common Law Contracts UCC Law of Sales Statute of Frauds Writing must be signed by the party against whom enforcement is sought. Writing may be enforced against a party who has not signed it. Modification Consideration is required. Consideration is not required.
  • 30.