Contracts 1 - Sources

Question 1

What does the UCC govern?

Answer 1

Sales of goods.

Question 2

Definition of “goods” under the ucc.

Answer 2

Any movable item.

Question 3

Examples of things that are not goods under the UCC.

Answer 3

Intangibles, money, assignments of a legal claim, services, or real property.

Question 4

Hybrid cases of contracts for sale of goods and services.

Answer 4

Majority: predominate purpose of the transaction. Look at: (1) language of the K, (2) nature of the supplier’s business, and (3) relative value of the goods versus the service. Minority: apply ucc to goods portion and common law to service portion.

Question 5

Computer software

Answer 5

Treated as good under the UCC

Question 6

Common law vs. UCC

Answer 6

Common law applies unless UCC provides a contrary provision, in which case UCC always takes priority.

Question 7

3 Types of Contractual Obligations

Answer 7

(1) Express - parties make oral or written expression of their commitments.
(2) Implied-in-fact - agreements formed by conduct rather than words.
(3) Implied-in-law - on party bestows a benefit on another and its unjust for the recipient to retain the benefits w/o paying.

Question 8

Quantum Meruit

Answer 8

The cause of action for an implied in fact contract brought in order to recover the reasonable cost of the benefits provided. Can be used in implied-in- law claims as well.

Question 9

Signed Writing Requirement in electronic contracting

Answer 9

Electronic signatures are legally effective in the vast majority of jrdx and email is sufficient to satisfy the writing requirements.