A Promise to Replace Defective Goods for Free is not a Contract.
Mondaq Business Briefing › Nbr. 2005, January 2005
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A Promise to Replace Defective Goods for Free is not a Contract.
In order to have a contract for the sale of goods, whether the agreement is oral or in writing, the Uniform Commercial Code ("UCC") requires .consideration.. Consideration is a bargained-for exchange of benefits and detriments.
A recent case addressed whether a promise to replace defective windows for free had the consideration necessary to make it a binding contract under the UCC. An individual ("Homeowner") ordered 60 windows from a window manufacturer ("Manufacturer"), which were paid for and installed. After three years, 56 of the windows...See the full content of this document
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