× Didn't find what you were looking for? Ask a question
Top Posters
Since Sunday
New Topic  
Mimicri Mimicri
wrote...
Posts: 602
Rep: 0 0
6 years ago
Statute of Frauds. Quality Pork International is a Nebraska firm that makes and sells custom pork products. Rupari Food Services, Inc, buys and sells food products from and to retail operations and food brokers. In November 1999, Midwest Brokerage arranged an oral contract between Quality and Rupari, under which Quality would ship three orders to Star Food Processing, Inc, and Rupari would pay for the products. Quality shipped the goods to Star and sent invoices to Rupari. In turn, Rupari billed Star for all three orders but paid Quality only for the first two (for 43,736.84 and 47,467.80, respectively), not for the third. Quality filed a suit in a Nebraska state court against Rupari, alleging breach of contract, to recover 44,051.98, the cost of the third order. Rupari argued that there was nothing in writing, as required by Uniform Commercial Code (UCC) Section 2-201, and thus there was no enforceable contract. What are the exceptions to the UCC's writing requirement? Do any of those exceptions apply here? Explain.
Read 57 times
2 Replies

Related Topics

Replies
wrote...
6 years ago
Statute of Frauds
The court ruled in Quality's favor for the amount of the third order. Rupari appealed to a state intermediate appellate court, which reversed the judgment of the lower court. Quality appealed to the Nebraska Supreme Court, which reversed the decision of the appellate court and remanded the case with instructions to reinstate the judgment in Quality's favor. The state supreme court applied the partial performance exception in UCC 2-201(3). We conclude that the record before us establishes that Rupari accepted the goods. Quality made the three ordered shipments and sent invoices to Rupari, which billed Star. The invoices sent by Rupari to Star requesting payment for the product that had been shipped by Quality Pork demonstrate acts inconsistent with Quality Pork's ownership of the product. In addition, the invoice from Rupari to Star for the third order evidences Rupari's acceptance of the third shipment and indicates that a contract for sale has been made between the parties.
Mimicri Author
wrote...
6 years ago
Electric Light Bulb Very good answer
New Topic      
Explore
Post your homework questions and get free online help from our incredible volunteers
  1269 People Browsing
Related Images
  
 13
  
 260
  
 1076
Your Opinion
Which country would you like to visit for its food?
Votes: 204

Previous poll results: Do you believe in global warming?