First, is it a Sale of Goods or is it a request for services?
See, he is offering Moria (which is not goods, it is real property). However he is also looking for the Ring (movable real property which makes it goods). So we must look to whether the jurisdiction looks at the Gravamen Test or the Predominant Pupose Test. The issue in question, under the Gravamen test, would be failure to retrieve the ring which would make it a services test and thus not covered under the UCC or the Statute of Frauds. However, under the Predominant Pupose Test we would focus on the fact that Sauron wants the ring, which would make this a sale in goods (Moria for the Ring). Thus, it would be covered under the UCC and the Statute of Frauds.
Gravamen Jurisdiction: The dwarves have no Statute of Frauds case as they must rely on common law.
Predominant Jurisdiction: Like he said, this is a void contract because it is not written and signed even though it is a sale of goods for more than $500.
HOWEVER It is invalid either way you go because it is implied in the writing that failure to accept the offer will cause injury and damages. This is duress. Any indication of duress voids a contract. Neither Sauron, nor the intended offerees are bound.
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timeasmymeasure
no subject
Date: 2003-12-22 10:11 am (UTC)First, is it a Sale of Goods or is it a request for services?
See, he is offering Moria (which is not goods, it is real property). However he is also looking for the Ring (movable real property which makes it goods). So we must look to whether the jurisdiction looks at the Gravamen Test or the Predominant Pupose Test. The issue in question, under the Gravamen test, would be failure to retrieve the ring which would make it a services test and thus not covered under the UCC or the Statute of Frauds. However, under the Predominant Pupose Test we would focus on the fact that Sauron wants the ring, which would make this a sale in goods (Moria for the Ring). Thus, it would be covered under the UCC and the Statute of Frauds.
Gravamen Jurisdiction:
The dwarves have no Statute of Frauds case as they must rely on common law.
Predominant Jurisdiction:
Like he said, this is a void contract because it is not written and signed even though it is a sale of goods for more than $500.
HOWEVER
It is invalid either way you go because it is implied in the writing that failure to accept the offer will cause injury and damages. This is duress. Any indication of duress voids a contract. Neither Sauron, nor the intended offerees are bound.
no subject
Date: 2003-12-22 10:19 am (UTC)no subject
Date: 2003-12-22 12:44 pm (UTC)