Sources of Contract Law

Question 1

When does UCC apply?

Answer 1

UCC governs sale of goods

Question 2

What is a sale?

Answer 2

any transaction in which the seller transfers title of goods to a buyer

Question 3

What are goods?

Answer 3

any movable item. doesn’t include intangibles (i.e. goodwill, IP), money, real property, services

Question 4

What is a hybrid case?

Answer 4

involves both the sale of goods and service contracts. determined by the predominant purpose test.

Question 5

What do you consider under the predominant purpose test?

Answer 5

(1) Contract language – Was K described as a goods K?
(2) Nature of supplier’s business – i.e., Best Buy sells goods
(3) Value of goods v. services – i.e., $30 in goods but $2 services?

Question 6

What is an express contract?

Answer 6

oral and written expressions of the agreement

Question 7

What is an implied-in-fact contract?

Answer 7

formed by conduct rather than words

Question 8

What is an implied-in-law contract?

Answer 8

arises where one party gives a benefit on another and it would be unjust not to pay the reasonable value of the benefit