Applicable Law-Uniform Commercial Code
Contracts for the sale of goods will be governed by the UCC.
The contract here is for the sale of a painting, which is a good,
Therefore, the UCC applies.
Merchants
A party to a contract believed to be experts or having specific knowledge regarding the area the contract pertains too. Merchants are held to a higher standard of good faith and the UCC rules regarding merchants will be applied.
Thomas became an artist after retiring from a law enforcement profession and has not sold any paintings nor does he know what a fair price for a painting would cost. Besides talent, there aren’t any facts to support he’s an expert or has specific knowledge in art dealing.
Therefore, Thomas is not a …show more content…
The oral contract between Bobby and Thomas was for a good in the amount of $4,500.00, exceeding the $500.00 amount requiring it be in writing. No such writing exists.
Therefore, this contract is not enforceable.
Thomas v Darla
Applicable Law-Uniform Commercial Code
Contracts for the sale of goods will be governed by the UCC.
The contract here is for the sale of a painting, which is a good,
Therefore, the UCC applies.
Merchants
A party to a contract believed to be experts or having specific knowledge regarding the area the contracts pertains too. Merchants are held to a higher standard of good faith and the UCC rules regarding merchants will be applied.
Thomas became an artist after retiring from a law enforcement profession and has not sold any paintings nor does he know what a fair price for a painting would cost. Besides talent, there aren’t any facts to support he’s an expert or has specific knowledge in art dealing.
Therefore, Thomas is not a merchant.
Darla, based on the statement regarding Bobby as “also an art buff,” is one as well, but besides having an interest in art, there aren’t any facts to support she has specific knowledge or expertise regarding art purchasing and