Common Law vs. UCC Flashcards
What is the gateway issue in all contracts essay questions?
The gateway issue in all contracts and sales essay questions will be to determine whether the common law or Article 2 of the UCC governs.
What does the common law of contracts govern?
The common law governs if a contract deals with services or real estate.
What does article 2 of the UCC govern?
The UCC governs if a contract deals with goods.
What is a mixed contract?
A mixed contract has elements of both services and goods.
Can the common law and UCC both govern a mixed contract?
NO! The common law and UCC CANNOT both govern one indivisible contract at the same time. Thus, mixed contracts fall into one class or the other.
How do you determine whether a mixed contract is governed by the ucc or common law?
The predominant purpose Test.
The predominant purpose of the contract determines whether the common law or UCC governs. (i.e., whether a good or services plays a bigger role in the contract.)
If the predominant purpose is sale of goods, ucc applies.
If it is services, common law.
