ABC,Inc.calls the Widget Corporation of America to order 400 widgets at $2 a widget.Widget accepts the oral order and then sends out an order confirmation form,with the pre-printed name Widget Corporation of America on the top of the form.The form states that an order has been received for "300" widgets and that it will be filled promptly.
A)The confirmation fails to meet the UCC writing requirement, because it isn't signed.
B)ABC can enforce the contract for 300 widgets, but not for 400 widgets.
C)If ABC signs and returns the form, it will be able to sue for the extra 100 widgets later.
D)The contract is enforceable for 400 widgets, because it has been partially performed.

Question

Quizplus · Accepted Answer

The confirmation form stating that only 300 widgets will be fulfilled creates a discrepancy between the agreed upon oral agreement and the written confirmation. However, ABC can still enforce the contract for the 300 widgets stated in the confirmation form. The contract for the additional 100 widgets is not valid because Widget Corporation of America did not agree to it.

ABC,IncCalls the Widget Corporation of America to Order 400 Widgets