Applicable Law

Question 1

7 general issues: Armadillos from Texas play rap, eating tacos

Answer 1

1. Applicable law
2. Formation of contracts
3. Terms of contract
4. Performance
5. Remedies for unexcused nonperformance
6. Excuse of nonperformance
7. Third-party problems

Question 2

Unilateral contract – results from….

Answer 2

an offer that expressly requires performance as the only possible method of acceptance.

Question 3

ASSUME ON EXAM THAT IT’S A bilateral contract unless

Answer 3

unless (1) reward, prize, contest (2) offer expressly requires performance for acceptance.

Question 4

USE COMMON LAW ON BAR EXAM EXCEPT

Answer 4

EXCEPT IN CASE OF ART. 2 OF UCC FOR SALE OF GOODS.

Question 5

ARTICLE 2 OF THE UCC applies to

Answer 5

contracts that are primarily for sales of goods. The factors that determine whether Article 2 applies are thus (i) type of transaction – sale and (ii) subject matter of transaction – goods, i.e., tangible, personal property.

Question 6

Does UCC Art 2 apply to R/E? Goods? Services?

Answer 6

Only goods.

Question 7

In mixed deals w/ goods and services, when does UCC Art 2 apply? Is UCC Art 2 generally all or nothing for each K?

Answer 7

When goods are more important part of K, UCC Art 2 analysis for whole thing, even if dispute is re the services. UCC 2 APPLIES TO ALL OR NOTHING IN EACH K. Except when payment is separated into goods and services, in which case UCC Art 2 for goods and common law analysis for services.