BUSI 301 Application Activity 5 UCC vs. Common Law Analysis Assignment solutions complete answers
Hey, do you have a minute? I want to pick your brains about a couple things.
Sure, what’s up?
You know Anthony? That private collector who comes in to the store all the time?
Yeah.
Sounds great! What’s the problem?
He’s trying to back out of our agreement!
I told him that I’d pay $350 for his collection plus the $50 to rip the music. He flipped out and said that I was lowballing him?!
What can I do to enforce our contract? There are some pieces in his collection that I’ve spend years searching for…
The first question you have to ask is:
What’s the Uniform Commercial Code?
Article 2 of the Uniform Commercial Code applies to the sale of:
Name, do records and CDs count as “goods”?
When you have a “mixed” transaction (involving the sale of goods and services), you use the:
I remember something about this from classes but it’s kind of fuzzy… Name, could you explain what the predominate purpose test means?
Name, do you think that the sale of the CDs and records was the predominate purpose of this contract? Would the UCC apply?
Ok. Does it matter whether we’re using the common law rules or the UCC?
If Anthony is a lawyer, he should know that:
What do you think, Name? Do we have an enforceable agreement?
Name, what do you think? Are we talking about a UCC or a common law contract here?
Under the UCC, a merchant is someone who:
What do you think, Name? Would the estate sale company count as a merchant under the UCC?
Ok – why would it matter if they’re a merchant or not?
Huh. Name, do you think the company rep acted in good faith and dealt with me fairly?
Merchantability means that the goods are:
