URGENT! UCC v Common Law Q

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Impishee

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URGENT! UCC v Common Law Q

Postby Impishee » Fri Feb 17, 2017 6:48 pm

Posted this in the Adaptibar thread too, but I REALLY need assistance with this.

Can people confirm how they approach the UCC v. common law for the bar exam? I think I was getting a lot of mileage with thinking of UCC Art. 2 as "Sale of goods between merchants," but today a question definitely had two non-merchants where one was selling an antique car to another person and the answer involved the UCC. So, is it "UCC Art 2 governs contracts for the sale of goods" OR "UCC Art 2 governs contracts for the sale of goods with merchants"?

Thank you!

NonTradHealthLaw

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Re: URGENT! UCC v Common Law Q

Postby NonTradHealthLaw » Fri Feb 17, 2017 6:53 pm

Legal match is wrong. UCC applies to all sales of goods, merchant or layman. See UCC 2-102.

umichman

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Re: URGENT! UCC v Common Law Q

Postby umichman » Fri Feb 17, 2017 8:00 pm

Article 2 applies to all sales of good if they are the main part of the transaction. Thinking about it any other way will make it so you get it wrong. While there are some specific rules of article 2 that apply only to merchants (firm offers, parol evidence, those confirmatory notes, and the inconsistent terms) the vast majority of terms apply all contracts involving sales of goods.

Moonraker

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Re: URGENT! UCC v Common Law Q

Postby Moonraker » Fri Feb 17, 2017 8:22 pm

Article 2 applies if it a sale of goods as defined in Article 2 2-105. Predominant purpose test determines if you are in Art 2 universe or C/L universe.

Impishee

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Re: URGENT! UCC v Common Law Q

Postby Impishee » Sat Feb 18, 2017 4:23 pm

Thanks! I really appreciate this. In my review of the questions, I realized it does seem to be that there are just some questions on firm offers, parole evidence, warranty of merchantability, etc. that implicate merchants. Not a great panic :) to have just a few days before, but I appreciate the assistance.



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