Open despotism is better than this. The single despot stands out in the face of all men, and says: I am the State:
Get Full Essay Get access to this section to get all help you need with your essay and educational issues. He needs to buy knockoff Rolexes from a wholesaler, Randy, in Milwaukee, Wisconsin.
Randy agrees to send an order form for the purchase and ship when the signed form is returned from Wally. Wally signed and returned the order form agreeing to purchase the goods. A week later Wally receives 50 watches accompanied by a note explain the remaining 50 watches will arrive in a few days.
By this time, Wally has decided he does not want to purchase the fake Rolexes.
He contacts Randy explain the situation wanting to return the watches and reimburse Randy for shipping costs. Randy in turn sues to enforce the original contract.
The issue is whether the Illinois UCC Statute of Frauds deems contract unenforceable because it was never reduced to writing. A writing is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable under the paragraph beyond the quantity of goods shown in such writing.
Only three definite and invariable requirements as to the memorandum are made by subsection. First, it must evidence a contract for the sale of goods; second, it must be signed, a word which includes an authentication which identifies the party to be charged; and third, it must specify a quantity.
In this case, under Illinois Uniform Commercial code, because the contract is not in writing and nothing is signed, it is not enforceable in a court of law. An oral contact is not enforceable under the Illinois UCC. In addition to explaining the rules of contract validity under this statute, the UCC goes on to define signed.
More essays like this:Past California Bar Exam Questions and Answers Contracts Essay & Answer. The following California Bar Exam questions are reprinted with permission of the California Bar Examiners. (2) Every circumstance is material which would influence the judgment of a prudent insurer in fixing the premium or determining whether he will take the risk.
The 13th amendment abolished slavery and the 14th amendment provided that representation would be determined according to the whole number of persons in each state, not by the “three-fifths” of the slaves. The term Statute of Frauds refers to a law that requires certain types of contracts be made in writing, and signed by the parties to the agreement.
Such statutes, which vary by state, serve to protect the parties from fraudulent acts in respect to the contract. THE DIALOGUES OF LUCIUS ANNAEUS SENECA BOOK I TO LUCILIUS ON PROVIDENCE+.
Why, though there is a Providence, some Misfortunes befall Good Men. Whenever a prosecutor (or, in some instances, a police officer) determines that such a judicial act is needed in an investigation, he or she must make a formal request to the court and present facts or evidence that are legally sufficient to support the action requested.