Breach of Contract

Topics: Contract / Pages: 5 (1039 words) / Published: Oct 10th, 2013
In order for Buyer to sue Seller for breach of contract regarding the bees and hives, Buyer must establish that there was a valid contract. To establish breach of contract, Buyer must show there was an offer and acceptance supported by consideration.

Bilateral Contract

One in which there are mutual promises between two parties to the contract, each party is both a promisor and a promise. Right and duty on each side, in which a promise is established on both sides.

UCC or Common Law

UCC governs contracts under the sale of goods. Common law governs to all other contracts that do not involve the sale of goods. This contract applies under the UCC due to it being a transaction for sale of goods between merchants.

Merchants

Governed under the UCC 2-104, merchants are a person who deals in goods of a kind or otherwise by his occupation hold himself out as having knowledge or skill peculiar to the practice of goods involved in the transactions. Here, both Buyer and Seller are in the bee business and have previously bought bees and hives, therefore, both parties are merchants.

Goods

Governed under the UCC 2-105, goods are considered movable tangible items which are not money. The contract formed is for the selling of bees and hives which are deliberated as goods.

Common Law Offer

Under common law, an offer is an outward manifestation of intent to be bound by contractual agreement requiring definite and certain terms communicated to the offeree. A valid offer at common law requires quantity (?), time for performance (20 days), identity of parties (Buyer and Seller), price ($3,000), and subject matter (bees and hives). Furthermore, on January 3rd, Seller and Buyer had a conversation in which Seller stated the main essentials which then made this a valid offer.
UCC Offer

Under UCC, an offer is the willingness to enter into a contract that gives the power of acceptance to the offer. Since Seller and Buyer had a conversation, Buyer therefore

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