Introduction Flashcards
What is a K?
A legally enforceable agreement (an agreement plus a special legal basis for enforcing the promise)
Two Universes of Contract Law
Common Law (Land & Services) & UCC (Sale of Goods)
Mixed Contracts
Contract that has elements of both services & goods
Rule #1: All or Nothing Rule
You cant be in 2 universes at the same time, so mixed Ks must fall into one universe or the other.
Exception to All or Nothing Rule
Divisible Ks: the agreement is divided into 2 mini ks (each universe can apply to the respect part of the k that deals with that universe)
Rule #2: Predominant Purpose Rule
What plays a bigger role? The good or the service? Depending on which one that a specific universe will apply to the whole k.