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UCC 2-610(a) gives this indication, the purchaser would be waiting at your risk if the vendor determined the market price at the time you learn of repudiation. UCC 2-723(1) would indicate this, but it would be superfluous with 2-713 so 2-713 must have something other than the plain meaning.
The leading case is Stilk v Myrick (1809), [3] where a captain promised 8 crew the wages of two deserters provided the remainders completed the voyage. The shipowner refused to honour the agreement; the court deemed the eight crew were unable to enforce the deal as they had an existing obligation to sail the ship and meet "ordinary foreseeable emergencies".
This template links to an external site, the Cornell University Law School Uniform Commercial Code database, returning the most current version of each article in the UCC. External links should not normally be used in the body of an article; see Wikipedia:External links for discussion of acceptable and unacceptable uses.
The official 2007 edition of the UCC. The Uniform Commercial Code (UCC), first published in 1952, is one of a number of uniform acts that have been established as law with the goal of harmonizing the laws of sales and other commercial transactions across the United States through UCC adoption by all 50 states, the District of Columbia, and the Territories of the United States.
UCC § 2-207(3) only applies when the proviso language from subsection 1 is used. When the proviso is used, there is no contract formed at that time unless the original offeror assents to the terms that the party purporting to accept has made "expressly conditional." For example, a buyer sends a purchase order with its own terms.
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However, the Uniform Commercial Code ("UCC") dispenses with it in § 2-207 (but it can also be argued that § 2-207(1) enforces the mirror image rule). [6] Therefore, its applicability depends upon what law governs. Most states have adopted the UCC, which governs transactions in goods.