District of Columbia Receipt and Acceptance of Partial Delivery of Goods

State:
Multi-State
Control #:
US-02289BG
Format:
Word
Instant download

Description

Under the following form, the buyer admits that the part received is merely an installment of a larger specified quantity. The reference to the larger specified quantity makes the receipt signed by the buyer sufficient as a memorandum under the statute of frauds of the Uniform Commercial Code (??? 2-201) without regard to the fact of delivery and acceptance of the part. It is, therefore, to the advantage of the seller to obtain the execution of such a receipt for the goods whenever possible.

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FAQ

Under District of Columbia law, a writing satisfies the statute of frauds if it: Contains all essential terms of the agreement. Adequately identifies the parties to the contract. Is signed by the party against whom enforcement is sought or by a person authorized to sign by the party against whom enforcement is sought.

A contract for the sale of goods falls under the UCC; therefore the parties do not need new consideration to modify a contract. The party attempting to modify the contract must do so in good faith, however.

Any modification of a sales contract between merchants must be supported by some form of consideration. If a contract calls for both rendering services and supplying materials to be used in performing the services, the contract is classified ing to its dominant element.

The promissory estoppel doctrine is an exception to the requirement of consideration for contracts.

The three requirements of consideration are: (1) each party must give an act, forbearance, or promise to the other; (2) each party must trade what he or she contributes to the transaction for the other party's contribution; and (3) what is traded must have value in the eyes of the law.

Good faith modification: A modified contract is a kind of new agreement, which changes parties' obligations and then requires new consideration. But contract modification made in good faith under UCC is enforceable even without consideration.

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District of Columbia Receipt and Acceptance of Partial Delivery of Goods