UCC Art 2 and Contracts

Question 1

all things moveable/specially manufactured

Answer 1

Good

Question 2

passing of a title from seller to buyer

Answer 2

Sale

Question 3

a sale of a good that involves both a good and a service

Answer 3

Mixed/Hybrid Transaction

Question 4

test used to determine purpose of transaction(maj approach)

Answer 4

Predominant (Thrust) Purpose test

Question 5

4 Elements of Predominant Purpose test

Answer 5

language, nature of business, reason for contract, amount paid (good$>service$)

Question 6

Which element is the most important to observe in the Predominant test?

Answer 6

the intent/ reason for contract/nature of business

Question 7

sale of goods

Answer 7

UCC Article 2

Question 8

What can be sued for when UCC applies?

Answer 8

Breach of warranties

Question 9

significance of AVA v Tanzer

Answer 9

mixed sale; predominant test applied; goods were wanted, service needed to use goods

Question 10

significance of Pain Center v SSIMED

Answer 10

mixed sale; predominant test applied; software a good needed to access the service; therefore does not apply under UCC Art 2

Question 11

splits complaint and examines purpose of complaint (min approach)

Answer 11

Gravaman Test

Question 12

person who deals in goods buys/sells and has specific knowledge of the business practices

Answer 12

Merchant

Question 13

transactions outside of the nation

Answer 13

CISG

Question 14

Approach: ridgid, laissez faire, judge discretion limited
and little attention to fairness

Answer 14

Classicism

Question 15

Approach: 20th century, realistic study of law, basis for UCC

Answer 15

Legal Realism

Question 16

Approach: consent central to validity of contract (subjective)

Answer 16

Consent Theorists

Question 17

Approach: value keeping promise

Answer 17

Promissory Theorists

Question 18

Approach: value of context of contract; how parties interact (past and present)

Answer 18

Rational Theorists

Question 19

Approach: protecting exploited classes

Answer 19

Critical Legal studies

Question 20

Approach: laissez faire principles for econ efficiencies(conflict with Critical Legal Studies)

Answer 20

Law and Econ

Question 21

Approach: sees weakness of Law and Econ; people are not perfect rational decision makers

Answer 21

Behavior Law Studies

Question 22

Elements of a Contract

Answer 22

offer, acceptance, consideration

Question 23

ct order to make party act on promise

Answer 23

Specific performance