Governing Law Flashcards
1
Q
When does UCC govern transactions?
A
UCC governs sales of goods
2
Q
What is a sale of goods
A
A sale is any transaction in which the seller transfers title of goods to a buyer
3
Q
What are goods?
A
Goods are movable items, but do not include intangibles, money, legal claims, services or real property
4
Q
Does UCC or common law take piority?
A
UCC will supersede any common law rule if UCC is applicable
5
Q
Which law governs cases involving both goods and services?
A
Hybrid cases are determined by the predominate purpose of the transaction
6
Q
What are tests to determine the predominate purpose of a transaction?
A
- Contract language: was the contract described primarily as a goods contract or service contract
- nature of suppliers business
- value of the goods vs. services
7
Q
Can common law provisions impact contracts under UCC?
A
Yes, common law will apply to UCC transactions unless the common law is contradicted by the UCC
