Contracts 1 - Sources Flashcards Preview

Bar > Contracts 1 - Sources > Flashcards

Flashcards in Contracts 1 - Sources Deck (9)
Loading flashcards...

What does the UCC govern?

Sales of goods.


Definition of "goods" under the ucc.

Any movable item.


Examples of things that are not goods under the UCC.

Intangibles, money, assignments of a legal claim, services, or real property.


Hybrid cases of contracts for sale of goods and services.

Majority: predominate purpose of the transaction. Look at: (1) language of the K, (2) nature of the supplier's business, and (3) relative value of the goods versus the service. Minority: apply ucc to goods portion and common law to service portion.


Computer software

Treated as good under the UCC


Common law vs. UCC

Common law applies unless UCC provides a contrary provision, in which case UCC always takes priority.


3 Types of Contractual Obligations

(1) Express - parties make oral or written expression of their commitments.
(2) Implied-in-fact - agreements formed by conduct rather than words.
(3) Implied-in-law - on party bestows a benefit on another and its unjust for the recipient to retain the benefits w/o paying.


Quantum Meruit

The cause of action for an implied in fact contract brought in order to recover the reasonable cost of the benefits provided. Can be used in implied-in- law claims as well.


Signed Writing Requirement in electronic contracting

Electronic signatures are legally effective in the vast majority of jrdx and email is sufficient to satisfy the writing requirements.