2010 Wisconsin Code
Chapter 402. Uniform commercial code--sales.
402.204 Formation in general.


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.

402.204 - ANNOT.

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 - ANNOT.

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 - ANNOT.

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

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