contract Assignment 4 Essay

Submitted By spenrose

Words: 360

Pages: 2

Open Document

Contracts- Assignment 4

Randy sues Wally to enforce the original agreement. Wally argues that under the UCC Statute of Frauds, this agreement is unenforceable because it was never reduced to writing. Randy argues that:

1) Wally signed the order form; so the contract was in writing; and

2) In any case, the UCC Statute of Frauds was satisfied by performance when Randy sent over the watches.

In this case, the argument relies in The Statute of Frauds either by Satisfaction by Performance or Satisfaction by Writing. Wally argues that under the UCC Statute of Frauds, the agreement had to be in writing. He is correct. There must be a writing that is signed by the party against whom the contract is being enforced. However, Randy argues that the UCC Statute of Frauds was satisfied by performance when he sent the watches. He would also be correct, if he did in fact send all the watches. The law states that FULL performance is enough to satisfy the Statute of Frauds. Unfortunately, Randy only sent Wally half of the ordered goods, which means full performance was not completed.
Partial or Part Performance is never sufficient in a service contract case. Part performance makes the contract enforceable, but only to the extent of the part performance. Part performance can also invalidate a defense predicated upon the Statute of Frauds. It also only affects contracts for goods or for real estate. If a contract commissions the sale of personalized items from one party to another,

Assignment 4 Contracts Essay

Contracts Assignment #4 Statement of Facts Wally, the proprietor of Windy City Watches, Men's Jewelry Store in Chicago, Illinois, needs to order a large quantity of Roleq watches which Wally sells for fifty dollars ($50.00) a piece. Wally calls Randy Ripoff a wholesaler from Milwaukee, Wisconsin, who is a Roleq supplier. Wally and Randy discussed terms to purchase one hundred (100) watches for a total of two thousand, five hundred dollars ($2,500.00) at twenty five dollars ($25.00) per watch.…

Words 1442 - Pages 6

Essay about Did Jim and Laura Buy a Car?

Did Jim and Laura Buy a Car? Click Link Below To Buy: http://hwcampus.com/shop/did-jim-and-laura-buy-a-car/ Worth 200 points HINT: See Chapters 10-14 of the text to help understand some of the legal issues covered in this assignment. Jim and Laura Buyer visit the local car dealership because they are interested in buying a new car. The car they currently have is aging and is starting to have mechanical problems. Jim and Laura would share the new car, and use it to go back and forth to work…

Words 1149 - Pages 5

ISCOM 473 Week 5 Learning team Assignment Strategic Global Logistics Paper

contains ISCOM 473 Week 5 Learning team Assignment Strategic Global Logistics Paper Business - General Business ISCOM 473 Week 1 Individual Assignment Article Analysis Paper ISCOM 473 Week 2 Learning Team Assignment Procurement Strategies Presentation ISCOM 473 Week 3 Individual Assignment Sourcing Process Evaluation ISCOM 473 Week 3 Learning Team Assignment Outsourcing Insourcing Proposal ISCOM 473 Week 4 Individual Assignment Negotiating Across Cultures Paper and…

Words 388 - Pages 2

Contract--Legal Essay

Contract The Definition of a Contract A contract is “a promise or a set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty.”3 Put simply, a contract is a legally binding agreement between two or more parties who agree to perform or to refrain from performing some act now or in the future. Generally, contract disputes arise when there is a promise of future performance. In contract law, intent is determined…

Words 1172 - Pages 5

Reflection Paper

individual personality assessment test. The test is not timed but it usually takes 15-30 minutes to complete. Once you complete the test click the “score it” button. You should then be taken to a page that identifies your results. You should see your 4 letter personality style “Type” indicator. You should click into the Self-awareness and Personal Growth tab and read the description of your type. You should then click into the Career Choices tab and read what careers may be good for your type. Both…

Words 437 - Pages 2

Essay about Business law notes

Chapter 14- 17 Different statues of fraud and what kind of contracts covered within Parole evidence: any evidence that happens prior to the contract being signed Pg 352: question #1 Chapter 15 Third parties Beneficiary 3rd party intended to benefit even if isn’t in contract Creditor: if promisee is fulfilling some duty the 3rd party benefic. is called this Intended: someone who enforces contract made between two other parties Incidental: someone who benefits from situation but no right…

Words 683 - Pages 3

Component 3: Contracts

ACC 205 Group Project Component 3: Contracts As the manager of the restaurant, you are responsible for all contract issues. You negotiate contracts, review contracts, and sign contracts. For Component 3 you are to read the two contracts in the BbLearn Shell and answer the following questions. These questions relate to the contracts themselves as well as to the subject matter of the contract. You may be required to look up terminology and review or read ahead in the book. Point values are listed…

Words 919 - Pages 4

Essay about Hello World

.................................................................................................... 2.7 Assumptions and Dependencies......................................................................................................... 1 1 2 3 3 4 5 5 5 5 5 2. Overall Description....................................................................................................................3 3. System Features...........................................................................…

Words 1738 - Pages 7

Outline: Law and Lecture Essay

institutions in the Australian legal system, the jurisdiction of the major courts and tribunals in Western Australia, the sources (statute and case law) and processes of law, the tort of Negligence, the nature of business organisations, the Law of Contract, and an introduction to consumer legislation. LEARNING OUTCOMES: The primary aims of the unit are to introduce students to the legal and business framework within which financial and associated decisions are made, and to foster an awareness and…

Words 2818 - Pages 12

Diana Desgins Is An Interior Decorating Company

INDIVIDUAL ASSIGNMENT – AUGUST 2012 1. Assignment This course is assessed by assignments which contribute 20% of the overall allocation of marks. The assignment consists of TWO (2) questions. 2. Instructions Students are required to answer all questions. This assignment is intended as INDIVIDUAL work. Assignment to be submitted ON OR BEFORE 15 APRIL 2013. 3. Tasks Question 1 Diana Desgins is an interior decorating company. Diana is the chief designer and has entered into a contract to decorate…

Words 777 - Pages 4