UCC Art 2 and Contracts Flashcards
all things moveable/specially manufactured
Good
passing of a title from seller to buyer
Sale
a sale of a good that involves both a good and a service
Mixed/Hybrid Transaction
test used to determine purpose of transaction(maj approach)
Predominant (Thrust) Purpose test
4 Elements of Predominant Purpose test
language, nature of business, reason for contract, amount paid (good$>service$)
Which element is the most important to observe in the Predominant test?
the intent/ reason for contract/nature of business
sale of goods
UCC Article 2
What can be sued for when UCC applies?
Breach of warranties
significance of AVA v Tanzer
mixed sale; predominant test applied; goods were wanted, service needed to use goods
significance of Pain Center v SSIMED
mixed sale; predominant test applied; software a good needed to access the service; therefore does not apply under UCC Art 2
splits complaint and examines purpose of complaint (min approach)
Gravaman Test
person who deals in goods buys/sells and has specific knowledge of the business practices
Merchant
transactions outside of the nation
CISG
Approach: ridgid, laissez faire, judge discretion limited
and little attention to fairness
Classicism
Approach: 20th century, realistic study of law, basis for UCC
Legal Realism
