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4 Cards in this Set
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- Back
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Predominant factor test
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Predominant factor test (to rule if a contract falls under the UCC when a goods and service are mixed)
1. Granting the goods and service are mixed 2. Is the main thrust a service with goods incidentally involved or 3. Is the main thrust a sale of goods with labor incidentally involved 4. If goods are the main thrust apply UCC, if a service is the main thrust apply CL |
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What is a K?
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A K is a legally enforceable promise.
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What does a K need?
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A K must have offer (O), acceptance (A), and consideration (C). (Channel Homes)
Consideration must be provided by both sides for a valid K. (Dougherty) |
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What are non-goods governed by?
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A K for non-goods is governed by the common law.
A K for goods is governed by the UCC. |
