Nebraska 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

A contract which fell within the scope of the Statute but failed to satisfy its require- ment was unenforceable." Section 4 of the Uniform Sales Act was later replaced by. section 2-201 of the Uniform Commercial Code." By its terms. section 2-201 applies to contracts for the sale of goods of $500.

The UCC does not apply to any transaction to buy or sell the real estate itself. More importantly, Article 2 does not cover any service contract like an employment contract for a salesperson. [7] The UCC also does not apply if labor is a ?significant part? of a contract.

Section 9(2) says that when the price is not determined by the contract itself, the buyer shall pay a reasonable price, and that reasonable price will be determined by circumstances of each case.

UCC, Article 2, Section 2-102 states that Article 2 applies only to goods transactions. The UCC definition of goods is set out in Article 2, section 2-105 as "all things ... which are movable ... other than money ... investment securities, and things in action.

In what situations does the UCC overrule common law? The UCC applies to contracts that sell services. The UCC governs situations in which common law is silent. The UCC applies to mixed contracts if the predominant purpose of the deal is to sell services.

2-305(1) , if both parties want to, they can finalize a contract without determining price. In situations where nothing has been said as to price or where price is left to be agreed on by the parties and they fail to agree, the court will determine that a reasonable price at the time of delivery is implied.

If the parties to a contract have not agreed on the price, the court can set a price so long as the parties intend to be bound by the contract.

(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.

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Nebraska Receipt and Acceptance of Partial Delivery of Goods