My Doan Final Essay

14868 words - 60 pages
My Doan – Final Essay

Issue 1: Determine the type of agreement between Denny and Manny Rule:

• UCC Article 2 governs transactions that involve a sale of goods, things that are movable at the time of sale. (Sale of goods, slide #3)

• A sales contract is made in any manner that shows agreement including conduct. (Sale of goods, slide #5)

Analysis: On January 3, Denny contacted Manny to see if he (Denny) could order two motorcycles the first of every month for the next six (6) months; beginning in February (Each motorcycle is worth $10,000 wholesale). On January 4, Manny faxed Denny, on Manny’s business letterhead, indicating that Manny would first be able to send Denny motorcycles on March 1, FOB: Fast Delivery Service (FDS).

Conclusion: The type of agreement between Denny and Manny is a sale of good contract and governed by the UCC Article 2.

Issue 2: Was there a properly formed agreement between Denny and Manny? Rule:

• In Washington, to have an enforceable contract there must be mutual assent (offer and acceptance), consideration (bargained for exchange of value) and no defenses to performance (Contracts, slide #3)

• An offer is a communicated willingness to bargain seeking another’s mere assent (Contracts, slide #6)

• A valid acceptance requires the offeree’s manifestation of agreement in manner invited and time required (Contracts, slide #8)

• A consideration is a bargained for exchange of legal value (Contracts, slide #10) Analysis: On January 3, Denny contacted Manny to see if he (Denny) could order two

motorcycles the first of every month for the next six months ...

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