Montana 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

(4) Acquisition of Jurisdiction. A court of this state may acquire personal jurisdiction over any person through service of process as provided in this rule or by statute, or by voluntary general appearance in an action by any person either personally or through an attorney or any other authorized person.

Commonly called a contract, a contractual agreement between two or more parties allows or restricts them from engaging in certain acts by creating mutual obligations enforceable by law. Failure to abide by these obligations may be punishable by law in the form of monetary fines, community service, or even jail time.

There are four essential elements of forming a contract: offer, acceptance, consideration, and intention to create legal relations.

A contract is an agreement between parties, creating mutual obligations that are enforceable by law. The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.

A written contract must be memorialized in writing, of course, and ?subscribed? by the party or parties obligated. ?Subscribed? basically means a signature or other writing showing agreement such as a reply email.

Identifiable parties who are legally capable of contracting. Consent of the parties to enter a contract. A lawful object. Sufficient consideration.

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Montana Receipt and Acceptance of Partial Delivery of Goods