Common Law v. Article 2

Question 1

Contract

Answer 1

A promise or set of promises, for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty

Question 2

Sale

Answer 2

A contract in which the title to goods passes from the seller to the buyer for a price

Question 3

Goods

Answer 3

All things movable at the time they are identified as the items to be sold under the contract

Question 4

Contracts Involving Goods and Nongoods

Answer 4

1. Court will apply the dominant law (good or service) governing that aspect to the whole contract.
2. If K divides payment between goods and services, then Article 2 will apply to the sale portion and common law will apply to services portion.

Question 5

Merchant

Answer 5

One who:

1. Regularly deals in goods of the kind sold
   OR
2. Who otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved

To be subject to any of the merchant rules, the merchant must be acting in his mercantile capacity

Question 6

Good Faith

Answer 6

UCC: honesty in fact and the observance of reasonable commercial standards

Common law: respect to performance and enforcement