Are purchase orders controlled under contract law or the Uniform Commercial Code (UCC), or both?
Order Instructions
Based on Sally’s information, prepare an IRAC formatted response outlining the issues and answering the questions below within the IRAC analysis form
What are the elements needed to form a contract?
Is an agreement to meet in the park at noon enforceable? Why? Why not?
What is a Purchase Order?
How would you characterize the terms of a Purchase Order?
Is there a difference between a purchase order (invoice) and a contract? If so, compare the two instruments and outline the difference between the two. Please outline the advantages and disadvantages of each.
Are purchase orders controlled under contract law or the Uniform Commercial Code (UCC), or both?
How many transactions are there under the UCC case study facts, one or two? Explain?
How or when is an enforceable agreement formed in contract negotiations? At what point, with a purchase order (invoices), is an enforceable agreement established under the UCC? Is there a binding agreement in the Sally/Jack case? Why or why not?
What facts are in Sally’s favor of canceling the order? List them supported by the facts and the applicable statutory sections.
What facts are in Jack’s favor in enforcing payment? What sections of the UCC support Jack’s arguments?
In contract law, you must have a “meeting of the minds” as part of an enforceable agreement. Another element requires that the acceptance must match the offer. What is this contract rule called?
Common law contracts require that acceptance must not add or change any terms of the offer. What is it called when an acceptance of an offer changes terms of the offer?
In the Sally/Jack case, is there a “meeting of the minds” under the UCC when the merchants use invoices that differ in terms? Explain why or why not. What UCC sections support your answer? List the code sections and summarize applicable parts.
Have Sally and Jack formed a contract under the facts? If so, what terms are enforceable, and what UCC sections support your answers? How should this dispute be resolved?
Which facts and code sections would support the position that Sally did not accept the goods? List the facts and summarize the applicable code sections.
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