What Law applies? Flashcards
1
Q
CL governs what kinds of contracts?
A
Services.
2
Q
UCC governs what kinds of contracts?
A
Goods.
3
Q
How does UCC define a good?
A
A good must be (1) moveable, (2) existing, and (3) identified (4) at time of contract.
(includes animals and crops)
4
Q
How are contracts that are for a mix of goods and services handled?
A
By determining the predominant purpose of the contract.
To do so, we examine:
1. Contract language
2. Nature of seller’s business
3. Reason for the contract from the buyer’s perspective
4. Relative cost of goods vs. services; compensation structure
(5. Gravaman (essential element) of action)