Flashcards in Contracts 1 - Sources Deck (9)
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1
What does the UCC govern?
Sales of goods.
2
Definition of "goods" under the ucc.
Any movable item.
3
Examples of things that are not goods under the UCC.
Intangibles, money, assignments of a legal claim, services, or real property.
4
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.
5
Computer software
Treated as good under the UCC
6
Common law vs. UCC
Common law applies unless UCC provides a contrary provision, in which case UCC always takes priority.
7
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.
8
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.
9
