Contracts: Approach to Questions I

CONTRACTS: Approach to Questions

Is this K governed by UCC or Common Law?

What Type of K is this?

Common law covers generally.

A promise or set of legally enforceable promises between parties where either party relies or ensures on each other's promises through agreement and consideration

UCC Article II governs Ks for the sale of goods when the following exist:

Does the K involve a sale?

· Giancaspro

· 4531

· 4529

· 4519

· Tovino

· Hesch

· Frost

· 4545

· 4546

· 4551

· 4552

· 4557

· Giancaspro

· 4531

· 4529

· 4519

· Tovino

· Hesch

· Frost

· 4545

· 4546

· 4551

· 4552

· 4557

Does the K involve both good and nongoods/services?

Does the K involve a good?

Is it an implied K?

Based on Formation

Based on Acceptance

Based on Validity

Is it an express K?

Is it a quasi-K or implied in fact K?

Does the K involve a Merchant and/or Non-Merchant?

YES: A sale is a K in which title to goods passes from S to B from $

YES: the Court uses the Predominant Purpose or Gravaman Test to decide whether Art. II or CL applies

formed by language, oral, or written

formed by manifestations of asset by conduct

Not Ks; Court-constructed to avoid unjust enrichment

no legal effect; cannot be enforced by either party

one or both parties may elect to avoid

valid; may not be enforceable due to various defense extraneous to K formation

Has a K been Created?

Consideration

Mutual Assent

Defenses

Was there an OFFER?