Sources of K Law

Question 1

UCC - what does it govern?

Answer 1

sales of goods. if UCC applies to a k, then CL rules will be trumped.

Question 2

UCC - Hybrid cases

Answer 2

Maj Rule - the appropriate source is determined by the predominant purpose of the transaction. Look to:

1) lang of the k
2) nature of the supplier’s business; and
3) relative values of the good vs. the service

Min rule - partition (use UCC on goods part and CL on service part).

Question 3

CL of Ks - Services

Answer 3

Ks that do not involve the sale of goods are covered by CL of Ks.

Question 4

CL filling in the gaps of the UCC

Answer 4

in cases involvign sale of goods, UCC supplies the primary law and displaces contrary CL rules. However, where CL rules are not displaced, those rules will supplement UCC and fill in its gaps.

Question 5

3 general categories of k oblgiations

Answer 5

1. express contractual obligations (look to something written or orally stated)
2. Implied-in-fact contractual obligations (consensual agreements)
3. Implied-in-law contractual obligation - arises where there is an equitable imposition of a would-be k (prevents unjust enrichment; also called quasi-k)