The Code addresses the ‘battle of the forms’ problem by focusing on intent of the
parties.
Sales of tangible personal property involve the transfer of title.
If the seller has failed to comply with Code requirements in making a resale of goods
that were wrongfully rejected, a good faith purchaser at the resale takes the goods
subject to rights of the original buyer.
Discharge relieves the debtor in bankruptcy from liability for all of his debts.
The performance of a pre-existing contractual duty which is neither doubtful nor the
subject of an honest dispute is legally sufficient consideration to support a second
contract.
If West and Burton designated in their contract an amount to be paid in the event of a
breach and the amount is found to be so high it is considered a penalty, the injured party
will be left without a remedy.