Terms Used In Wisconsin Statutes 402.204

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See Wisconsin Statutes 402.106
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
   (1)    A contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of such a contract.
   (2)   An agreement sufficient to constitute a contract for sale may be found even though the moment of its making is undetermined.
   (3)   Even though one or more terms are left open a contract for sale does not fail for indefiniteness if the parties have intended to make a contract and there is a reasonably certain basis for giving an appropriate remedy.
402.204 Annotation Even if the parties writings do not constitute a contract, a contract may be found through the parties’ conduct. AMPI v. Meadow Gold Dairies, 27 F.3d 268 (1994).
402.204 Annotation Shrinkwrap license agreements contained in computer software packages are enforceable unless their terms are objectionable on general contract grounds. ProCD, Incorporated v. Zeidenberg, 86 F.3d 1447 (1996).
402.204 Annotation Offer and acceptance are defined more liberally under the uniform commercial code than under Wisconsin common law. C.G. Schmidt, Inc. v. Permasteelisa North Am., 825 F.3d 801 (2016).
402.204 Annotation Contract formation under Article II of the Uniform Commercial Code. Edwards. 61 MLR 215.