Real Fries Inc. and Spud Farm discuss periodic deliveries of potatoes. Despite the absence of an invoice or other writing evidencing the terms of a deal, Spud begins to perform, and Real accepts the deliveries but refuses to pay. As a contract, this arrangement is most likely enforceable against

A) neither party.
B) Spud only.
C) Real only.
D) Spud and Real, at least to the extent of the performance.

Question

Motomori Olantanwa · Accepted Answer

Final Answer : D, Explanation :  Under the Uniform Commercial Code (UCC), a contract for the sale of goods can be found enforceable based on the parties' conduct, even in the absence of a written agreement, especially when one party has begun performance and the other party has accepted it. In this case, since Spud began delivering potatoes and Real accepted these deliveries, a contract is implied by their actions, making it enforceable against both parties to the extent of the performance.

Definitions

Learning Objectives

Learning Objectives

Related questions