All states with the exception of Louisiana have enacted at least some of the model laws in article 2. Laws on sale of real estate and sale of services are different from laws on the sale of goods, and they are excluded from article 2. A service contract may be covered by the provisions in article 2 insofar as it involves the transfer of goods, and courts may use article 2 as a reference for interpreting laws on the sale of services. Some contracts are a blend of the sale of goods and the sale of services and may be covered by article 2. Article 2 covers sales by both private individuals and merchants.
Merchants are persons engaged in the business of buying or selling goods.
A small number of provisions apply only to merchants, but otherwise the provisions cover all sales. Contract Formation A contract for the sale of goods can be made in any manner that shows agreement between the buyer and seller. A contract may be made in writing, orally, or through any other conduct by both parties that acknowledges the existence of a contract. To form a contract, one of the parties must make an offer, the other party must accept the offer, and consideration, or something of value, must be exchanged. An offer may be revoked without any loss to the offerer if the revocation is made before the other party accepts the offer and gives consideration.