Current Edition- California Business Practice

The Peacemaker Quarterly- April 2014

Wednesday, December 2, 2009

Timber Sale Contract

- This is a UCC contract because it concerns the sale of goods (including crops, and in this case, timber).
- It is bilateral because the buyer and seller are each making a promise.
- The contract will be executed when both parties have signed it.
- The contract is not illusory because there is consideration.
- The statute of frauds does not apply because this is a written, not oral, contract.
- There is no need for consideration to modify this contract because it is governed by the UCC.
- The contract is informal.
- There is no clause governing damages.
- The contract is valid; there are no terms listed within the contract regarding withdrawal.
- The title portion is in the seller's deed, section (d).
- There are material terms re. the lump sum price and height of trees.
- Alternative title dispute is within section (c) of the miscellaneous terms.

Group: Amy Liao, Megan Lockbaum, Jade Dacay, Leanne Pratt, Michelle Mcdaniel, Chelsea Barclay

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