What Law governs?

Question 1

1 C

Answer 1

Article II of the UCC governs this dispute because there is an agreement between P1 and P2 for emi, a moveable item which remained the predominate purpose of this dispute. OR Common law governs this dispute because there is a promise or a set of promises to … for a breach of which the law provides a remedy.

Question 2

R1

Answer 2

Common law governs this dispute by default unless otherwise governed by a statute. The most efficient way to determine what law governs is to conduct a statutory scope analysis.

Question 3

R2

Answer 3

Article II of the UCC governs “(1) transactions in (2) goods.” There are two subelements and both are neccesary. I will first see if there is a transaction the I will look for a good.

Question 4

R3

Answer 4

Article II does not define the term “transaction” however courts have commonly defined it to be “contract for sale” 2-106(1) and “contract for sale” is defined in 2-106(1) to mean “present sale.” “Sale” is defined as “the passing of a title from the seller to the buyer for a price.” 2-106(1) Therefore, transaction is “(1) an agreement (2) where there is the contemplation (3) of the passing of a title from the seller to the buyer (4) for a price.” There are four sub-elements and all are necessary.

Question 5

A1

Answer 5

agreement i.e., a meeting of the minds about the samething at the same time

contemplation i.e., transferring ownership from the seller to the buyer with no expectation of it ever coming back

from the seller to the buyer i.e., from the person who owns the title to the person who wants to own the title

for a price i.e., an amount payable via. money, services, land

Question 6

R4

Answer 6

Goods are (1) things (2) which are moveable (3) at identification of the contract. There are three sub-elements and all necessary

Question 7

A2

Answer 7

things i.e., tangiable items
moveable i.e., not fixed to land
at the time of identification to the contract i.e., during agreement formation