What law governs the transaction? Flashcards
1
Q
When does UCC govern?
A
If contract is solely for sale of goods
2
Q
For the UCC to govern, must the parties be merchants?
A
No
3
Q
What are goods?
A
All things movable at time of identification to contract for sale
4
Q
What types of merchants are there?
A
- Goods
- Practices
- Agency
5
Q
When does common law govern?
A
If contract is solely for sale of non-goods
6
Q
For common law to govern, must the parties be non-merchants?
A
No
7
Q
How do you determine governing law in a mixed transaction?
A
Primary purpose test
8
Q
What factors does primary purpose test consider?
A
- Language of contract
- Nature of business of supplier
- Reason parties entered into contract
- Respective amounts charged under contract for goods and for non-goods
