Contracts and Sales Multistate Bar Practice Exam

How can an offer to buy goods for prompt shipment be accepted under UCC?

1. By sending an acknowledgment of the offer

2. By making a promise to ship or by shipping conforming goods

3. Only through a signed written contract

4. By sending payment in advance

The correct answer is: By making a promise to ship or by shipping conforming goods

Under the Uniform Commercial Code (UCC), an offer to buy goods for prompt shipment can be accepted in a flexible manner that emphasizes the nature of commercial transactions. The correct answer reflects this principle. An offer can be accepted by either making a promise to ship the goods or by actually shipping conforming goods. This means that the seller can either communicate their intention to fulfill the order through a promise or take action by shipping the goods that meet the specifications laid out in the offer. The acceptance is effective upon the dispatch of the conforming goods, which satisfies the buyer’s offer and completes the contract. The other options do not align with UCC principles regarding contract formation in sales. A simple acknowledgment does not denote acceptance of the terms of the offer; it may just confirm receipt. A requirement for a signed written contract is not necessary under the UCC for transactions involving the sale of goods, unless specifically mandated, such as in the case of goods priced at $500 or more, which would require a writing under the Statute of Frauds. Sending payment in advance is also not considered an acceptance of the offer; it serves instead merely as an obligation to pay once the goods are received or shipped. Thus, the acceptance methods detailed in the chosen