need a response to 5 post

Unit 7: Discussion Contract Management and Law 2 response

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3. How are cyber contracts and written contracts similar? How are they different?

Cyber and written contracts have the same elements required for an agreement to be legally enforced, such as mutual assent, consideration, capacity, and legality. A cyber contract may have the same legal effect as a paper contract as long as the involving parties agree to conduct business electronically. Of course, these are all under the E-Sign Act. Still, some documents are not protected by the act, such as court records, eviction or foreclosure notices, health insurance cancellations, prenuptial contracts, and divorce papers (Brown & Sukys, 2013, p. 285). 

5. What are the four exceptions for contracts for sale of goods exceeding $600 [$500]?

There are four exceptions to the general rule of written sales contract exceeding $500; this also includes the lease of goods if the total payments exceed $1,000. The following exceptions are:

 (1) An oral confirmation between two merchants. Due note, within this exception, if either merchant receives a written confirmation of the oral agreement in a reasonable time and the other party does not object within 10 days of the writing, the written confirmation is valid under the UCC even if the other party doesn’t sign it. It is important to note that this only applies to agreements between merchants to merchants and not merchants to consumers (Brown & Sukys, 2013, p. 284).

(2) Manufactured special goods. For example, if I requested 500 shirts with an image of my face and refused to take the orders, the court will enforce the oral agreement. The oral agreement is enforceable because the goods are specially manufactured for the buyer and cannot be sold to others in the seller’s ordinary operation of business (Brown & Sukys, 2013, p.284).

(3) Admissions in court. If contract enforcement is filed against the defendant party and that party admits to establishing an oral contract for the sale of goods, then that contract will be enforceable (Brown & Sukys, 2013, p.285).

(4) Executed contracts. When both parties satisfactorily fulfilled their promise within the contract, the court will not require an agreement in writing. In contrast, writing is only required if the contacts are executory or other words have not yet been performed. However, if part of the contract has been performed, the court will only enforce the agreement that was performed (Brown & Sukys, 2013, p.285). 

Reference:

Brown, G. W., & Sukys, P. A. (2013). Business Law with UCC Applications (13th ed.). New York, NY: McGraw-Hill Education, pp. 284-285

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1. What are goods?

Goods are defined as tangible property that can be moved like dishes, cell phones, and shoes (Brown, Sukys, p 277). That means that a parcel of land would not be considered as goods. Apple trees are not considered as goods but the apples picked from the tree would be goods if they were sold in a grocery store or on a road side produce stand. Future goods are goods that don’t even exist yet (Brown, Sukys, p 278). The apple tree doesn’t always hold fruit so the next season’s crop would be future goods.

Reference

Brown, G. W., & Sukys, P. (2013). Business Law: With UCC Applications (Thirteenth ed.). New York, NY: McGraw-Hill/Irwin

 

4. When does the UCC attach to the sale of goods?

The UCC, or Uniform Commercial Code,  attaches to the sales of goods when it is a sale between two parties, private or merchants, whether it’s in person, auction, or online (Brown, Sukys, p 278). The sales contract can be mixed with services but UCC will only apply when the contract has a larger percentage of goods being sold than services. The UCC will even attach to the lease of goods under the same circumstances. The sale or lease of goods needs to be made in good faith and merchants need to have a firm offer (Brown, Sukys, p 280).

Reference

Brown, G. W., & Sukys, P. (2013). Business Law: With UCC Applications (Thirteenth ed.). New York, NY: McGraw-Hill/Irwin