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"A" made an oral contract with "B" where "A" will give more than $500 on goods to "B" if "B" gives him the money. "B" accepts, receives the goods, and gives the money to "A". Then "B" wants his money back and wants to retract from the deal. Can he do it? or is he enforced or would not be able to recover money?

Edited by Customer (name blocked for privacy) on April 19 2007 at 8:49 AM

Customer (name blocked for privacy)

Status: Closed Value: $15

This transaction, if it is between merchants, would fall under the Uniform Commercial Code (UCC), which has been adopted in every state.

Chapter 672 of the Florida Statutes is the chapter that deals with sale of goods. You can read this chapter and its statutes at http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0672/ch0672.htm

UCC section 2-201 (which is FL statute 672.201)states that a transaction for the sale of goods costing at least $500 MUST be in writing or it is not enforceable unless any of the following apply:

(1) there is some writing confirming the sale signed by the person against whom enforcement is sought;
(2) within a reasonable time after the sale a writing confirming the sale is sent or received;
(3) the goods were specially manufactured for the buyer and cannot be sold to anyone else in the sellers course of business;
(4) if the person against whom enforcement is sought admits in court or court documents that sale did occur;
(5) if the goods were accepted and paid for or received and accepted.

Because in your example B accepted and received the goods, his actions fulfill one of the exceptions to the requirement that a sale of $500 or more must be in writing. Therefore, even under the UCC 2-201 statute of frauds requirement, the sale is enforceable by A and B must pay for the goods.

PLEASE NOTE: Responses here are for information/education only, NOT legal advice and do not form attorney-client relationship! Only licensed attorneys you hire in your state can provide legal advice.

Thank you very much. Is there any way than in addition to this question I can ask you a couple more. Is for Business Law and I have no clue about it. I don't mind paying extra money. You can tell me how much will it cost.

I will be happy to answer any more questions you have once you accept this answer, if it is acceptable to you.

You can list the questions as new questions or, if you prefer, list them here. I do not set prices for the value of a question, JA leaves that up to the customer. You may just accept the new answers, which would pay for them at the price this question was asked for or provide me a bonus as payment for the questions.

PLEASE NOTE: Responses here are for information/education only, NOT legal advice and do not form attorney-client relationship! Only licensed attorneys you hire in your state can provide legal advice.

Reply to Jane T's Post: Yes I will accept the answer right away. Sorry I had to leave my computer for a while.

The two questions I will post them below, thank you very much. Please let me know the total amount I will have to give you for the questions.

Discussion #7: Legality and Public Policy

“A” and “B” enter into a contract whereby “B” agrees to buy from “A” an ordinary toaster for $200. (Obviously, “B” is not a very bright individual.) What are some of the legal arguments that might be raised by “B’s” attorney to get a court to declare the contract unenforceable? What are some of the legal arguments that might be raised by “A's” attorney to get the court to uphold the contract?

Discussion# 9: Personal Property

Mrs. Smith is in the hospital, and Dr. Carter tells her that, on the basis of lab results, she has less than 24 hours to live. That afternoon, Smith gives her $20,000 Rolex watch to Benson. The next day, Dr. Carter comes into her room and tells her that the lab results were actually for a different patient, and that Smith will live for another 50 years. Can Smith get her watch back? If you were defending Smith, what arguments would you raise? If you were defending Benson, what arguments would you raise?

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