Video

  • 26 minutes

Contract Formation and UCC 2-207

 
You have to get the essential elements to have a contract – now how do you get there? There is the classic offer and acceptance analysis. However this can be difficult because people don’t just say this is my offer period; they say here is what I propose and list what they are willing to adjust and the person deciding if they want to accept the contract has their own changes they would like to see made to the contract. That can muddy the waters between if it is an actual offer, or is it a suggestion, is it a rejection with a counter offer, or acceptance with proposal of additional terms. In the real world of communication this can make that difficult to figure out where you stand.

In this 26-minute video our speaker, Darrell W. Pierce, reviews contract in context and course of performance, and course of dealing and usage and trade. He also discusses the battle of the forms in UCC 2-207. UCC favors contracts and will imply one even if all communications say “my way or the highway”, and only term parties must agree on is quantity.

Darrell W. Pierce is a member of Dykema Gossett PLLC in Ann Arbor, Michigan. He focuses on corporate and commercial transactions, particularly those governed by the Uniform Commercial Code. Mr. Pierce has more than 30 years of experience in the practice of corporate and commercial law.
Runtime: 26 minutes

Faculty

Darrell W. Pierce

Darrell W. Pierce

Dykema Gossett PLLC