Wis. Stat. § 402.204

Current through Acts 2023-2024, ch. 272

Section 402.204 - Formation in general

(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.

Wis. Stat. § 402.204

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). 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). 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). Contract formation under Article II of the Uniform Commercial Code. Edwards. 61 MLR 215.