Applicable law

Question 1

What are we responsible for

Answer 1

1. Common Law—majority rule
2. Sales of goods and article 2 of the ucc
   a. Art 2 only applies to ks for primarily sale of goods. Factors that determine whether art 2 applies
   i. type of tx— sale
   ii. goods, i.e. tangible, personal property.
   i. EVEN THO NOT A BIZ DEAL, aply art 2 even if bw individuals.
   b. CL also applies to sale of goods, unless displaced by particular provisions of Art 2

Question 2

Mixed deals

Answer 2

a. General rule—all or nothing depending on which part is more important
ii. for ex: sale of car, but on the side 2 lesson of parallel parking. But UCC still applies, bc more important part is UCC. UCC then applies to all parts.
iii. Ex: 10 lessons from yo yo ma for 40k, but also yo yo on the side. Art 2 doesn’t apply, more impt part is the lessons.

b. Exception: if k expressly divides payment, then apply UCC to sale of goods part and common law to the rest.
i. for ex 10 for yo yo , 29900for lessons, law sees it as 2 dif txs. if dispute about yo you c will apply

Question 3

Definition of merchant under 2A of UCC

Answer 3

b. Merchant—a biz person of any kind or someone with specialized knowledge of the goods in question