Colorado Escrow Agreement for Bulk Sale Pursuant to the Uniform Commercial Code
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How to fill out Escrow Agreement For Bulk Sale Pursuant To The Uniform Commercial Code?
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FAQ
INTRODUCTION TO UCC ARTICLE 2 (SALE OF GOODS) The Uniform Commercial Code Article 2 on the Sale of Goods is basically a codification of existing commercial law. The UCC drafters tried to write down the generally understood business practices between merchants for the sale of goods.
A buyer is defined in UCC, Article 2 (section 2-103) as "a person who buys or contracts to buy goods." A buyer may or may not be a merchant. Section 2-301 provides that a seller's obligation is to transfer and deliver the goods, and the buyer's obligation is to accept and pay ing to the contract.
Article 2 of the Uniform Commercial Code deals with transactions involving the sale of goods. It defines ?goods? as all items that are both identifiable and moveable at the time of the sale. So, the definition excludes contracts that involve services exclusively and real estate.
For transactions within Article 2, " '[glood faith' in the case of a merchant means honesty in fact and the observance of reasonable commercial standards of fair deal- ing in the trade." Id.
Uniform Commercial Code Article 2 governs the sale of goods. It was part of the original Uniform Commercial Code approved in 1951. Article 2 represented a revision and modernization of the Uniform Sales Act, which was originally approved by the National Conference of Commissioners on Uniform State Laws in 1906.
Once an offer is made, a contract is formed when the offer is accepted. Acceptance is the manifestation by the offeree of assent to the terms of the offer. Restatement (Second) of Contracts § 50. In other words, if the offeree does not clearly express assent to the terms that have been offered, there is no acceptance.
Article 2 of the UCC is a code that governs transactions for goods, which most states (Louisiana being the major exception) have statutorily codified in some form.
(1) "Goods" means all things (including specially manufactured goods) which are movable at the time of identification to the contract for sale other than the money in which the price is to be paid, investment securities (Article 8) and things in action.
