Stupid question, how do you know when to apply common law?

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SubwayBLT
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Joined: Sun Dec 12, 2010 6:17 am

Stupid question, how do you know when to apply common law?

Postby SubwayBLT » Sun Dec 12, 2010 6:20 am

Seriously, I'm dumb. Is it just sale-of-goods cases that get the UCC? Is there a test by which you choose between the two? The whole semester professors just announced which law applies, and I just went with it.

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ninano
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Joined: Sun Jun 27, 2010 3:15 pm

Re: Stupid question, how do you know when to apply common law?

Postby ninano » Sun Dec 12, 2010 7:36 am

UCC for sale of goods. There are rules that apply specifically to businessmen tho. For example, Article II states that in making the agreement silence can be assent to addt'l K terms. This law outweigh common law. Restatements are the codification of common law and can be persuasive but not binding.

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JusticeHarlan
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Re: Stupid question, how do you know when to apply common law?

Postby JusticeHarlan » Sun Dec 12, 2010 9:37 am

SubwayBLT wrote:Seriously, I'm dumb. Is it just sale-of-goods cases that get the UCC? Is there a test by which you choose between the two? The whole semester professors just announced which law applies, and I just went with it.

When you have a mixed contract for both sale of goods and something else (usually a service), the test is whether the sale of goods "predominates" or the other part of the contract "predominates."

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evilxs
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Re: Stupid question, how do you know when to apply common law?

Postby evilxs » Sun Dec 12, 2010 1:10 pm

Strait from my outline:


Generally speaking, contracts which involve goods are governed by the Uniform Commercial Code (UCC). Common law, which is reflected by the Restatement (Second) of Contracts (RS), governs all other contracts and provides guidance where the UCC does not govern.

E1: Under UCC § 2-102, the U.C.C. governs the sale of “goods.”
UCC § 2-105 defines a good as anything moveable.
F:
A:
a. Include unborn young of animals, growing crops, livestock, machinery, moveable homes
b. Include collector’s money, coal already or soon to be removed (not right to mine coal)
c. Excludes real estate, money to be paid, corporation shares
d. Depending on state, utilities (i.e. electricity; CA-yes/TX-no) can be a good



E2: Contracts for services or land/real estate, since they are not “goods” are governed by the common law.
F:
A: Service and land are not goods because they are not moveable.
C: Yes, this is a sale of land or services, therefore the common law governs.



E3: Good (UCC 2.201) or Non-good (Restatement 110) transaction?
Test for determining whether a K is for the sale of “goods”:
Is the predominant factor the rendition of service with goods incidentally involved? (Non-good)
Is it a transaction of sale, w/ labor incidentally involved? (Good)
F:
A: i.e. Installation of water heater (Non-Good)
i.e. K with artist for painting; (Good)
C: Yes, this is a sale of land or services, therefore the common law governs. OR
Yes this is the sale of a good, thereby U.C.C. governs.




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