Tangible personal property in exchange for money

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The sale of goods is the transfer of ownership to tangible personal property in exchange for money, other goods, or the performance of services. The law of sales of goods is codified in Article 2 of the Uniform Commercial Code, which was designed to recognize the commercial realities faced by merchants and shrug off some older common law provisions.

Suppose that Apple, Inc. is seeking to build on its success as the world's leading market of smartphones, and decides to introduce a new product, uPhoneX, which will boast a flexible screen allowing users to twist and bend the device for different functions. Apple contracts with Oranges, Corp., to build the new screens for the uPhoneX. The two parties have never done business before, but because Apple wants to introduce the new product by Christmas, there is little time for negotiations. As a result, the parties neglect to include a fixed price term, quantity term, delivery terms, or time for performance, but Orange Corp. does agree to sell its entire output of the flexible screens to Apple. Both parties perform on the contract, but disputes soon arise.

Suppose that a dispute arises between Apple, Inc. and Orange Corp., and Orange Corp. argues that the contract should be null and void because it was not definite enough to be enforced. The two parties cannot agree, and Apple sues Orange. What would the likely outcome of such a lawsuit be?

Reference no: EM131745950

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