Subject Matter

Question 1

Governing Law

Answer 1

umbrella rule: Common law governs all contracts unless displaced by the UCC in the sale of goods. The UCC must be liberally construed and applied to promote the underlying principles of judicial uniformity and economy.

Question 2

Good

Answer 2

A good is anything movable at the identification of a sale, especially manufactured goods (can it be moved; delivered; picked up – state because why). Goods include growing crops, the unborn young of animals, and any other identified thing attached to reality.

Question 3

Service

Answer 3

Service is the act of doing work for another.

Question 4

Sale

Answer 4

A sale is the transfer of title from seller to buyer for a price, which typically occurs at delivery if not otherwise specified.

Question 5

Hybrid Contract

Answer 5

if need to be used for ex mobile home is hybrid b/c good but building is a service: If a contract includes good and service, the courts will determine which aspect is dominant and apply the respective law. (home – fixed address not a good because meant to be there forever…motorcycle is a good because its innate nature is to be moved)

Question 6

Predominant Purpose Test (PPT)

Answer 6

the predominant purpose test, the majority, looks at the contract language, billing, mobility of the subject matter, reasonably stated purpose, and most importantly the general thrust. – UCC

Question 7

Merchant (only if UCC)

Answer 7

(both parties of contract – seller/buyer) : A merchant is one who deals in the goods of a kind; or by occupation holds himself out as having knowledge or skill in the goods of the kind, or via the attribution clause when an agent with requisite status represents a party. (form strong conclusion)