Question

Joe verbally contracts with Delia to sell his farm to Delia. They do not sign a contract, but Delia takes possession, makes a down payment, and starts making monthly payments. This is evidenced by the down payment check, several monthly checks, and emails. Joe decides after several months to sell his farm to Eli. They sign a contract. If Delia objects to the second sale: __________

a. Della will lose because he did not sign a contract.
b. Delia will lose because the second contract win writing.
c. Delta will win because he partially performed and he can demonstrate the agreement by writings.
d. Delia will becuse he's not merchant

Answer 1

Answer:

a. Della will lose because he did not sign a contract.

Explanation:

The UCC are a set of guidelines that is used for trade transactions to resolve disputes and ensure equity between the buyer and seller.

There are various criteria used to qualify a valid transaction. One of them is that for a non movable asset, it's sale must be under a written contract.

A verbal contract will not suffice and is not binding.

In this scenario where Joe verbally contracts with Delia to sell his farm to Delia, they did not sign a contract and makes a down payment. But Joe decides after several months to sell his farm to Eli.

Since there is no written contract if Delia objects to the second sale she will lose