1) Sources of k law Flashcards
1
Q
2 possible sources
A
1) CL 2) UCC
2
Q
UCC applies if
A
sale of goods
3
Q
rship btwn UCC / CL
A
UCC trumps if it addresses an area (and sale of goods!), otherwise CL still applies
4
Q
sale (def)
A
transfer title of goods (not borrowing it)
5
Q
goods (def)
A
any movable item
6
Q
is $ a good?
A
no!
7
Q
are intangibles goods?
A
no!
8
Q
are legal claims goods?
A
no!
9
Q
are services goods?
A
no!
10
Q
is land a good?
A
no!
11
Q
hybrid case (def)
A
involves goods and services
12
Q
hybrid case (majority rule)
A
determined by predominant purpose of the transaction
13
Q
predominant purpose of the transaction: factors
A
1) language of k 2) nature of supplier’s business 3) value of goods vs services
14
Q
3 broad categories of contractual obligations:
A
1) express 2) implied-in-fact 3) implied-in-law
15
Q
implied-in-fact k (def)
A
formed by conduct rather than words
