class 22

Question 1

predominant purpose test

Answer 1

used when the item is both a goods and service
what was the customers predominant purpose for entering into the contract?
consider: nature of the language of the contract, the nature of the business between the buyer and the seller, the price allocation in the contract between the goods and services, issues involved in the dispute

Question 2

quantum meruit

Answer 2

if a D did request the P services and services were in fact provided, a contract will be implied even if not made expressly. A contract implied in fact is an actual
contract
elements:
1. valuable services were rendered
2. services were rendered to the D
3. Services were accepted and used by D
4. the D was aware that the P expected to be paid

Question 3

construction contracts- buyer damages
before performance

Answer 3

benefit of the bargain. substitute performance minus contract price.
incidentals/ consequential

Question 4

construction contracts- buyer damages
after performance

Answer 4

diminution of value or cost of repair
cost of repair will not be awarded if wholly disproportionate to loss of value or economic waste (where valuable work has to be destroyed)
incidentals/ consequential