Themis Essay 4524

Question 1

Attorney’s fees are generally not recoverable by a successful litigant in a (common law) contract action unless:

Answer 1

(i) the parties have agreed otherwise;
(ii) there is a specific law authorizing the recovery of such fees; or
(iii) the breach of contract claim is paired with a fraud claim.

Question 2

When a transaction involves both the sale of goods and the rendering of services, then

Answer 2

the “predominant purpose” test applies to determine whether the UCC or common law governs the entire transaction.