ABSTRACT
Article 2 of the UCC governs the sale of goods. “Goods” means all personal property that is tangible and moveable at the time of identification in the contract for sale. This includes unborn animals, growing crops, and other identified things attached to realty. Identified things attached to the realty include minerals, and oil and gas, to be severed by the seller. Those things not described in the UCC (2002) § 2-107(1) that are to be severed by either the buyer or the seller, without serious damage to the land, and timber to be cut are also encompassed within the sale of goods under UCC (2002) § 2-107(2). Covered in this discussion are the statute of frauds (the writing requirement) and its exceptions. The merchants’ exception to the writing requirement and when a farmer is considered a merchant are covered. Remedies for breach and, notably, the perfect tender rule are covered. There is also a discussion of products liability rules applicable to agricultural products.
