Question

How might the parties to a sales contract prevent their subsequent e-mail communica­tions from waiving the...

How might the parties to a sales contract prevent their subsequent e-mail communica­tions from waiving the contract’s explicit modification requirements? (Hint:  How can the parties prevent contract disputes generally?)

Homework Answers

Answer #1

the parties to a sales contract prevent their subsequent e-mail communica­tions from waiving the contract’s explicit modification requirements-

Exceptions:A contract otherwise subject to the Statute of

Frauds will be enforceable despite the absence of a writing if—
1)The contract is for (a) specially manufactured goods for a

particular buyer, (b) the goods are not suitable for resale to

others in the ordinary course of the seller’s business, and

(c) the seller has substantially started to manufacture the

goods or made commitments for their manufacture.

2)The party against whom enforcement of a contract is sought admits in pleadings, testimony, or other court proceedings thata contract for sale was made.

3)Payment has been made and accepted or goods have been received and accepted.


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