The Universal Commercial Code ( Ucc ) - 1345 Words

Issue #1 The issue is whether the UCC is applies to the alleged offer and acceptance made between Kevin and the department store. Rule The Universal Commercial Code (UCC) governs transactions in goods, which are all things that are tangible and movable at the time of identification to the contract for sale, and the common law governs transactions involving services provided by professionals. When a mixed contract exists involving both goods and services, most courts use the predominate factor test to determine if the contract is predominately for a good or a service Analysis Here, the UCC applies- not the common law- because the alleged offer made by the department store included the sale of baseball caps and gold necklaces which are†¦show more content†¦The offer was properly communicated because the offer was in written form in the newspaper, making it sufficient for communicating the offer. Here, the offer was committed because the department store posted in the add in the newspaper that explicitly stated â€Å"first come first serve† and â€Å"out they go.† The department store also included that the sale was to be on Saturday, October 19th substantiating the adds commitment. The add specifically states stipulations for obtaining the goods and asserted their willingness to sell the both the necklace and the caps to who ever meets their requirments. When the department store published the add in the newspaper, the offer was committed because the department store conveyed their willingness to enter into a bargain. Under the term s that the store drafted, it conveyed that they were bound by contract. Here the offer was definite in its terms because the department store included subject matter, price, and quantity in its advertisement. The terms and conditions written in the department store’s advertisement states, â€Å"8 baseball caps, assorted logos Out they go Saturday, October 19, each . . . $3.00† and â€Å"1 gold dolphin necklace on a 20-inch chain Worth $135.00 Now selling for $30.00 FIRST COME . . . FIRST SERVED.† In this statement a price and quantity are included, $3.00 for the 8 caps and a price of $30.00 for the necklace on a 20in chain is specifically stated for sale on Saturday, October 19th. The items themselves areShow MoreRelatedWeek 2 CaseStudyEx Essay1032 Words   |  5 Pagesbe the balance due for soybeans sold to MFA. This case presents for the first time in Missouri the question of whether or not a farmer may be considered a merchant under the Uniform Commercial Co de,  § 400.2-201, RSMo 1969. A number of states have held a farmer may qualify as a merchant under these sections of the UCC. 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