Introduction

Question 1

Steps to analyzing a K question

Answer 1

1. Has an enforceable K been formed?
2. Has the K been performed, or has performance been excused?
3. What are the remedies for breach?

Question 2

Common Law Ks deal with what deals?

Answer 2

Real estate, services

Question 3

UCC Ks deal with what deals?

Answer 3

Sale of goods; not just sales by merchants

Question 4

What rules govern when a K has elements of services and goods?

Answer 4

Rule 1: All-or-nothing rule. You cannot be in both CL and UCC universes at the same time.

EXCEPTION: divisible Ks – agreement is divided into two mini Ks.

Rule 2: Predominant purpose. Does the good or service play a bigger role?