1. Applicable Law Flashcards
1
Q
Common law will apply to contracts dealing with:
A
Real Estate Transactions and Services Contracts
2
Q
UCC Article 2 will apply to contracts dealing with:
A
Contracts that are primarily for the sale of GOODS.
3
Q
To determine whether Common Law or UCC applies, determine
A
(1) the type of transaction, (2) subject matter of the transaction.
4
Q
In a “Mixed Deal,” to find out whether Common Law or UCC applies, use
A
(1) The General Rule of ‘all or nothing,’ focusing on the more important or central aspect of the deal. However. If the contract divides/allocates payment, then apply UCC to the sale of goods provision, and common law to the rest