Question

Two merchants agree to a sale of 100 pounds of flour to make donuts. The buyer's standard-form agreement

does not state a time for delivery, and the seller's standard-form agreement states a timeframe of thirty days for
delivery. The two businesses continue along, business as usual, despite the disagreement in their forms, but the
contract has been accepted. The time for delivery of the flour will be upheld according to the UCC's gap fillers.
O False
O True

Answer 1

The UCC's gap fillers provision applies to set a reasonable delivery time in a contract where delivery time is not specified or is inconsistent. It would likely uphold the seller's thirty-day timeframe for the delivery of flour, making the statement true.

Step-by-step explanation:

According to the Uniform Commercial Code (UCC), when a contract for the sale of goods does not specify a delivery time, gap fillers provisions can be used to determine a reasonable delivery time. In the scenario you've described, where one party’s standard-form agreement does not state a delivery time and the other’s states thirty days, the gap filler provision would come into play to resolve the inconsistency. In this case, the UCC would allow for a reasonable time for delivery which, if not otherwise agreed upon, is typically interpreted as the seller’s thirty-day timeframe. Therefore, the statement that the delivery time will be upheld according to the UCC's gap fillers is True.