Custom Train Order Case

In the scenario above the hobby shop owner receives an order from a customer and based upon the order the hobby shop owner begins to work on the order the same day. The order was placed for a “custom toy train” which had to be “specially manufactured” therefore not an off the shelf item. The order came in on a Tuesday and 3 days later on Friday the buyer called and had decided he wanted to cancel the custom train order. In this case we are unaware of the price of the toy train, but assume the “order received” was in writing based upon how the scenario is stated. Based on the information given; it does not appear to satisfy the requirements of UCC Article 2-201 subsection (1) “but is valid in other respects and is enforceable” (Law.Cornell.edu) based on 2-201(3)(a) which states that “if goods are to be …show more content…
The hobby shop owner began building this custom item the same day he got the written order. The work on the “toy train” began 3 days prior to the buyer calling trying to cancel the order. It is likely that the “custom toy train” cannot be just sold to just anyone; it is being made specifically for this buyer. Additionally, in this case because the building of the toy train began prior to the buyer’s call to cancel the order the UCC Section 2-206(1)(a) would apply stating “unless otherwise unambiguously indicated by the language or circumstances an offer to make a contract shall be construed as inviting acceptance in any manner and by any medium resonate in the circumstances” (Law.Cornell.edu). In this case the contract was formed when the order for a custom toy train was received. Further support is provided in Section 2-206(2) which states “where the beginning of a requested performance is a reasonable mode of acceptance an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance” (Law.Cornell.edu). In this case 3 days had lapsed from the time the order was placed to when the buyer