Question

Millet Grains Cooperative and Corn Cereals, Inc., discuss the terms of a contract for periodicdeliveries of corn. Millet Grains then faxes Corn Cereals a memo on Millet Grains's letterhead thatsummarizes the points on which they agreed, including a two-year term. Millet Grains begins toperform, and Corn Cereals accepts the deliveries but refuses to pay.Refer to Fact Pattern 15-1.Between Millet Grains and Corn Cereals, there is
(A) an oral contract only.
(B) a pre-contract only.
(C) a written contract.
(D) no contract.

Answer 1

Answer:

C) a written contract.

Explanation:

There is a valid written contract between Millet Grains and Corn Cereal because two important things happened:

1. Millet Grains sent a fax to Corn Cereals with a summary of the bargaining process held by both organizations.
2. Once Millet Grains started to perform, Corn Cereals accepted the delivery of the goods.

UCC rules are relatively flexible between merchants and traders, and both companies classify as such. The fact that Corn Cereals received the fax from Millet and then received the goods is proof that a written and valid contract existed between them. It doesn't have to be signed by Corn Cereals to be enforceable, since they accepted it by receiving the goods.