Dont want to belabor the point, but I need to correct a statement I made earlier. I overstated the case when I said that contracts for the sale of goods dont have to be in writing to be enforceable. The contract must be in writing if the sales price is $500 or greater. Sorry for that error.
Interestingly, the Commercial Code requires that the writing be signed by the party against whom enforcement is sought. You can put your signature on an e-mail, but most people dont do it. Is typing your name enough? The Code was formulated in the 1960s and its provisions have not been updated to address changes caused by electronic commerce. Somewhere a court may have addressed this question, but that kind of research is beyond my quick and dirty search.
Notwithstanding my correction above, it is important to realize that, although a contract may have to be in writing, it does not have to state all its provisions in writing. Citing the Commercial Code again, the writing must be sufficient to indicate that a contract for sale has been made between the parties. Furthermore, A writing is not insufficient because it omits or incorrectly states a term agreed upon . . .
As to trade practices being incorporated into a contract, the Commercial Code provides::
Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented
(a) By course of dealing or usage of trade . . .
Usage of trade is defined this way:
A usage of trade is any practice or method of dealing having such regularity of observance in a place, vocation or trade as to justify an expectation that it will be observed with respect to the transaction in question. The existence and scope of such a usage are to be proved as facts. If it is established that such a usage is embodied in a written trade code or similar writing the interpretation of the writing is for the court.
Finally, while it may be useful to be aware of the legal background, I sense that most AudiogoN members do not want to resort to strict legal technicalities in dealing with each other. We simply want to buy and sell stuff, not become contract lawyers. However, if you prefer to deal with an issue in a way that goes against the AudiogoN guidelines, it might be a good idea to say something about it, in a non-confrontational way, when communicating with a prospective buyer or seller.
Again, sorry for the incorrect information in my earlier post.
Interestingly, the Commercial Code requires that the writing be signed by the party against whom enforcement is sought. You can put your signature on an e-mail, but most people dont do it. Is typing your name enough? The Code was formulated in the 1960s and its provisions have not been updated to address changes caused by electronic commerce. Somewhere a court may have addressed this question, but that kind of research is beyond my quick and dirty search.
Notwithstanding my correction above, it is important to realize that, although a contract may have to be in writing, it does not have to state all its provisions in writing. Citing the Commercial Code again, the writing must be sufficient to indicate that a contract for sale has been made between the parties. Furthermore, A writing is not insufficient because it omits or incorrectly states a term agreed upon . . .
As to trade practices being incorporated into a contract, the Commercial Code provides::
Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented
(a) By course of dealing or usage of trade . . .
Usage of trade is defined this way:
A usage of trade is any practice or method of dealing having such regularity of observance in a place, vocation or trade as to justify an expectation that it will be observed with respect to the transaction in question. The existence and scope of such a usage are to be proved as facts. If it is established that such a usage is embodied in a written trade code or similar writing the interpretation of the writing is for the court.
Finally, while it may be useful to be aware of the legal background, I sense that most AudiogoN members do not want to resort to strict legal technicalities in dealing with each other. We simply want to buy and sell stuff, not become contract lawyers. However, if you prefer to deal with an issue in a way that goes against the AudiogoN guidelines, it might be a good idea to say something about it, in a non-confrontational way, when communicating with a prospective buyer or seller.
Again, sorry for the incorrect information in my earlier post.