Article Ii of the Uniform Commercial Code

705 Words Dec 9th, 2014 3 Pages
Article II of the Uniform Commercial Code
PA130- Contracts
Unit 9
Carolyn Padilla

Article II of the Uniform Commercial Code is for the sale of goods such as an automobile or a television.
A house would be ok except it involves the sale of land which is not covered by article 2, and it also does not cover a contract between you and a fee for service contract, such as wanting an addition put on your house for example. Generally to use this code all parties must act in good faith or this will not be recognized by the courts and you will not be protected by the UCC Article II. The contract must be fair and if not the court may find the contract “unconscionable” There is a broad scope for this is not extremely strict and
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The court held that Lefkowitz was entitled to performance by the defendant because he complied with the terms of the advertisement and offered the stated purchase price. The court granted judgment in favor of the plaintiff and awarded damages equal to the stated value in the advertisement for the mink stole minus the $1 purchase price. The court denied the claim on the coat, ruling that the value was too speculative and the defendant appealed. 2 Issue
Under what circumstances does an advertisement for the sale of goods constitute an offer? 3 Holding and Rule
An advertisement involving a transaction in goods is an offer when it invites particular action, and when it is clear, definite, and explicit and leaves nothing open for negotiation.
Great Minneapolis Surplus Store contended that a newspaper advertisement constitutes a unilateral offer which may be withdrawn without notice. The general rule is that advertisements are invitations to contract rather than offers; for contract formation purposes the prospective purchaser makes the offer and the seller can accept or reject the offer when received. An advertisement construed in such a manner does not become a contract for sale until a buyer’s offer is accepted by the seller, and the advertised terms can be modified or revoked without notice.
The test is whether the facts show that some performance was promised in positive terms in return for…