THE GATEWAY ISSUE: COMMON LAW v. U.C.C.

Question 1

Determines whether the common law or UCC governs

Answer 1

Predominant Purpose Test

Question 2

Common Law

Answer 2

Services & Real Estate

Question 3

Article 2: UCC

Answer 3

Goods (moveable objects)

Question 4

Divisible Contract

Answer 4

The predominant purpose governs each divisible contract (mini contracts). Think each contract is its own contract.

Question 5

Mixed Contract

Answer 5

Contracts that have elements of both goods and services. (example purchasing a personally crafted painting). When a contract is indivisible, utilize the “predominant purpose test.”