Article II of the Uniform Commercial Code
Article II of the Uniform Commercial Code is for the sale of goods such as an automobile or a television.
A house would be ok except it involves the sale of land which is not covered by article 2, and it also does
not cover a contract between you and a fee for service contract, such as wanting an addition put on
your house for example.
Generally to use this code all parties must act in good faith or this will not be recognized by
the courts and you will not be protected by the UCC Article II. The contract must be fair and if not the
court may find the contract “unconscionable” There is a ...view middle of the document...
At trial, the court determined that the advertisement was clear, definite, and explicit and left nothing open for negotiation. The court held that Lefkowitz was entitled to performance by the defendant because he complied with the terms of the advertisement and offered the stated purchase price. The court granted judgment in favor of the plaintiff and awarded damages equal to the stated value in the advertisement for the mink stole minus the $1 purchase price. The court denied the claim on the coat, ruling that the value was too speculative and the defendant appealed.
Under what circumstances does an advertisement for the sale of goods constitute an offer?
3 Holding and Rule
An advertisement involving a transaction in goods is an offer when it invites particular action, and when it is clear, definite, and explicit and leaves nothing open for negotiation.
Great Minneapolis Surplus Store contended that a newspaper advertisement constitutes a unilateral offer which may be withdrawn without notice. The general rule is that advertisements are invitations to contract rather than offers; for...