Type of Law Flashcards
How is the Applicable Law of a contract determined?
The common law governs (1) services contracts, (2) real estate contracts, and (3) anything that is not a sale of goods.
Article 2 of the UCC applies to contracts for the sale of goods. Goods are all things movable at the time they are identified as the goods to be sold under the contract.
What is the UCC’s definition of Merchants?
Certain provisions of the UCC apply to merchants, who are those who regularly deal in goods of the kind sold.
Recite the Checklist of Issues for a Contracts Question
(1) Formation (2) Defenses to Formation (3) Defenses to Enforcement (ie. Statute of Frauds/Unconscionable Contract) (4) Third Party Beneficiaries and Assignees (5) Construction (i.e Parol Evidence Rule) (6) Conditions (7) Breach (8) Excuses/Discharge (9) Remedies
