UCC 2-207 Essay Example | Topics and Well Written Essays - 500 words

UCC 2-207 - Essay ExampleJack did not respond. Jack delivered 4 tables and 16 chairs on June 1. Did Jack breach his contract with Mark? Explain. come up The agreement between Jack and Mark falls under UCC 2-207, which governs contracts for the sale of goods. UCC 2-105(1) states that a good is an item of property that must be tangible and transferrable and UCC 2-106(1) defines a sale asthe passingof title from the seller to the buyer for a price. In this case, the goods are 4 tables and 16 chairs since they are tangible and moveable. Moreover, the usher of a sale runs clear when Jack delivers to Mark 4 tables and 16 chairs to Mark.Application/Analysis In general, there are four requirements for a reasonable contract agreement, consideration, capacity and legality. Even though the UCC does not define offer, common law steps in to cover this inadequacy. Under the common law, offer is the expression of the desire to enter into a contract in a manner that the recipient can make a con clusion to the transaction through assent. The reflect image rule in common law requires that the terms of the acceptance exactly match those of the offer. However, the UCC dispenses with the mirror image rule. Under the UCC 2-207(1), a contract is create if the offerees response indicates a definite acceptance of the offer, even if the acceptance includes terms additional to or different from those contained in the offer. Whether the additional terms become part of the contract depends, in part, on whether the parties are non-merchants or merchants. A merchant is a person who deals in goods of the kind involved in the gross revenue contract. Under UCC 2207(2), in contracts between merchants, the additional terms automatically become part of the contract unless one of the following conditions arises 1.The original offer expressly limited acceptance to its terms. 2. The new or changed terms materially alter the contract. 3. The offeror objects to the new or changed terms within a r easonable