UCC Article 2

Question 1

What is UCC Article 2?

Answer 1

This applies to everyone who enters into a contract for the sale of goods.

Question 2

What is the Merchant rule?

Answer 2

A merchant is a person who deals in goods of the kind involved in the transaction or who, otherwise by his occupation, holds himself as having knowledge or skill peculiar to the practices or goods involved in the transaction.

Question 4

what is the predominant purpose test?

Answer 4

If the predominant purpose of the contract is the sale of goods with incidental services, Article 2 applies. If it is predominantly are services then common law applies.

Question 6

Duty to Read

Answer 6

If you don’t read something before you sign it, regardless of your actual understanding, your outward manifestation will be interpreted as an intent/agreement
-> Arbitration (James v. McDonald’s)
• Box Top: terms are printed on the outside of the packaging; must be discernible before opening
• Shrinkwrap: terms printed on inside and only seen when open
• MUST have adequate and conspicuous notice

Question 7

Reasonable Person Contract

Answer 7

Subjective understanding must be used reasonably relationship

Question 8

UCC ARTICLE 2

Answer 8

Applies to all sale of goods
- property must be moveable