Assignment: For this assignment, please read the facts and answer the questions that follow.

Facts: Joe Smith has a used Peloton Bike. Joe decides he wants to sell his Peloton Bike since he no longer uses it. Joe agrees to sell his Peloton Bike to Roy Jones. Joe and Roy agree that Joe will sell Roy the Peloton Bike for $1,500.00. Joe is your friend and he heard that you are taking business law, so he reached out to you to see if you can help him as he attempts to fill out and edit an Agreement he pulled from the Internet. This is his first time selling. Hes hoping to see if you can help him understand some concepts. He has partially filled out the Agreement below. The Agreement is produced below:

1. Which body of law applies to transactions involving sale of goods: A. Construction Law B. Uniform Commercial Code C. Law of Goods D. Commerce Clause

Answer Choice: 2. Does the Agreement between Joe and Roy involve the sale of goods? Please explain and list which UCC Section defines Goods.

3. Joe asks you whether he needs to have an Agreement in writing. You pause for a moment and then remember that agreements over a certain dollar amount should be in writing and signed in order to be enforceable. You respond and tell him that the agreement should be in writing because of the: A. Statute of Limitations B. Statute of Contracts C. Statute of Frauds D. Statute of Sales

Answer Choice:

4. List the UCC Section that addresses the requirement that certain contracts need to be in writing and signed to be enforceable along with the dollar amount that applies. Please fill in the blanks:

UCC : _______________. This UCC Section applies to a contract for the sale of goods for the price of $__________ or more.

5. For this question, assume that Joe and Roy intend to make a contract using the partially filled out agreement above (See Agreement on pg. 1). Also, assume Joe and Roy sign and date the partially filled out agreement. As you may have noticed, the information noted in sentence number 2 (location and date/time of delivery) and sentence number 3 (date/time of payment) are not filled out in the agreement. Do you agree that even though one or more terms are left open in the agreement between Joe and Roy, a contract for sale does not fail for indefiniteness, since the parties have intended to make a contract and there is a reasonable certain basis for giving an appropriate remedy? Please review UCC 2-204(3) and explain your answer.

Questions 6-8: Joe asks you what happens when certain terms are left open, i.e. gaps in an agreement or contract. You respond and let him know that the UCC allows contracts to become enforceable even without agreement on all of the terms. So, when certain terms are left open, the UCC provides what are known as gap filler terms that will be read into a contract. 6. As mentioned in question 5, the location of the delivery is not filled out by the parties in the agreement (see Agreement on pg. 1). If the parties do not agree or specify a place of delivery in the agreement, the UCC fills the gap. The place of deliver under the UCC is: A. Buyers place of business (or residence if none) B. Sellers place of business (or residence if none) C. The local County Clerks Office D. The Starbucks closest to the Buyers place of business (or residence)

Answer Choice: 7. If Joe and Roy do not specify the time of payment in the agreement, the UCC fills the gap. The time of payment under the UCC is:

A. Within 30 days of the signed Agreement. B. Within 20 days of the signed Agreement. C. A reasonable time. D. When the buyer receives the goods.

Answer Choice: 8. If Joe and Roy do not specify the time of delivery in the agreement, the UCC fills the gap. The time of delivery under the UCC is: A. Within 30 days of the signed Agreement. B. Within 20 days of the signed Agreement. C. A reasonable time not to exceed 10 days. D. A reasonable time.

Answer Choice: 9. Joe wants to make sure that the written agreement contains the entire understanding of the parties. Joe does not want Roy to later claim that there were other written or oral terms that should have been included in the written agreement. What is the name for the rule that prevents the introduction of evidence of prior or contemporaneous agreement(s) that contradict the terms of a written contract that is intended by the parties as a final expression of their agreement? A. Parol Evidence Rule B. Final Evidence Rule C. Final Written Rule D. Contract Evidence Rule

Answer Choice:

10. Which of the following language or provision should be added to the Agreement to address Joes concern in question 9? Please select the best answer choice. A. None. B. This agreement constitutes the entire agreement between the parties with respect to the subject matter of this agreement and supersedes all other agreements, whether written or oral, between the parties. C. This writing is a final expression of the parties intent except as to matters which are not specified herein. D. This agreement constitutes the entire agreement between the parties with respect to the subject matter of this agreement and supersedes all other written agreements between the parties.

Answer Choice:

11. Is the Warranty of Merchantability implied in the Agreement between Joe and Roy (see UCC 2-314)? Please explain.

I just need some help with questions 10 and 11. Thank you!