SOF Q.
Posted: Mon Jan 14, 2019 11:23 am
Does anyone understand the exception under the Sale of Goods>$500 rule? It has something to do with payments already made but my outline doesn't explain it
Tia
Tia
two exceptions
(1) Confirmatory Memo Exception: No need for written contract if below elements are met, unless you receive a response within 10 days
-Memo between merchants (both merchants)
-Sent within reasonable time
-Sufficient against sender (i.e., contract for sale of good, with quantity, signed by sender and not just signed by person against whom enforcement is sought.)
-Receiving party has reason to know of contents
(2) Other Exception: No need for written contract if ANY of the below is true—
-Contract is for specially manufactured goods and substantial beginning of manufacture/procurement for entire contract has begun; or
-Goods can’t be suitable for sale to others in ordinary course of business; or
-Defendant admits in pleadings that contract for sale was made (up to admitted quantity); or
-Goods are received and accepted or have been paid for (up to accepted/paid quantity)