Chapter 20

Article 2 of the UCC governs this, or contracts for the sale of goods.

As defined by the UCC, "the passing of title (evidence of ownership rights) from the selller to the buyer for a price".

Property that has physical existence - it can be touched or seen. Property must also be moveable to be included in Article 2 of the UCC - so therefore real estate is excluded.

Property - such as corporate stocks and bonds, patents and copyrights, and orginary contract rights - has only conceptual existence and thus does not come under Article 2 of the UCC.

When contracts involve a combination of goods and services, courts generally use the ... ... ... to determine whether a contract is primarily for the sale of goods or the sale of services. If a court decides that a mixed contract is primarily a goods contract, any dispute, even a dispute over the services portion, will be decided under the UCC.

A person is this when they, acting in a mercantile capacity, possesses or uses an expertise specifically related to the goods being sold.

A lessor's and lessee's bargain with respect to the lease of goods, as found in their language and as implied by other circumstances.

One who transfers the right to the possession and use of goods under a lease.

One who acquires the right to the possession and use of goods under a lease.

In this contract, the buyer agrees to purchase and the seller agrees to sell all or up to a stated amount of what the buyer requires.

In this contract, the seller agrees to sell and the buyer agrees to buy all or up to a stated amount of what the seller produces.

This arises when a merchant-offeror gives assurances in a signed writing that the offer will remain open. It is irrevocable without the necessity of consideration for the stated period or, if no definite period is stated, a reasonable period (neither ot exceed three months).

Within a reasonable amount of time

When a contract completely sets forth all the terms and conditions agreed to by the parties and is intended as a final statement of their agreement, it is considered ... .... The terms of this contract cannot be contradicted by evidence of any prior agreements or contemporaneous oral agreements.

This is a sequence of actions and communications between the parties ot a particular transaction that establishes a common basis for their understanding.

Some practices and methods of dealing are so regularly observed in a place, vocation, or trade that parties to contracts expect them to be observed in their transactions. Such a practice or method of dealing is known as a ... ... ....

The conduct that occurs under the terms of a particular agreement is called a ... ... .... Presumably, the parties themselves know best what they meant by their words. Thus, this actually carried out under the parties' agreement is the best indication of what they meant.

This clause will designate the official language by which the contract will be interpreted in the event of disagreement. The clause might also specify that the agreement is to be translated into, say, Spanish, and that the transaltion is to be approved by both parties.

This designates the forum (place, or court) in which any disputes that arise under the contract will be litigated. This clause should indicate the specific court that will have jurisdiction. The forum does not necessarily have to be within the geographic boundaries of either party's nation.

A contractual provision designating the applicable law, is typically included in every international contract. There must normally be some connection between the chosen law and the contracting parties to show that the parties are not merely trying to avoid the laws of their own jurisdictions.

The French term means "impossible or irresistable force"-sometimes loosely defined as "an act of God". These clauses often stipulate that other events (in addition to acts of God) will excuse liability for nonperformance.