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If there is a sale of good contract, and the firm offer rule is an issue, and one of the elements isn't satisfied (isn't in writing), then would we conclude that there is no firm offer or would we then turn to common law and see if it is an option contract?

(yes i know, common law is for services and ucc is for goods. im just wondering if we fall back to common law if a ucc application fails)

mmeissn2 wrote:(yes i know, common law is for services and ucc is for goods. im just wondering if we fall back to common law if a ucc application fails)

Nope.

You can try and reframe some contracts for sale of goods as service contracts in order to get under the common law, but you're under one or the other.