Governing Law

Question 1

If K is for sale of goods….

Answer 1

(movable items identified at the time of the sale of the contract), => UCC governs

Question 2

If K is for services or land…..

Answer 2

Common Law governs

Question 3

If K is a MIXED K….

Answer 3

(both sale of goods & services) then if its a majority jurisdiction use PFT.
if minority, apply Gravamen test.

Question 4

Majority jurisdiction, Predominant Factor Test

Answer 4

lang of k
Nature of business
reason why parties entered K
amounts charged (pay more for goods or for services)
**only weight of factors; if goods predominated…

Question 5

Minority Juris/Gravamen Test

Answer 5

Split the transaction up between goods & services
If the DISPUTE involves goods–> UCC
if dispute involves services –> C/L