The Universal Commercial Code ( Ucc ) Essay

1345 Words 6 Pages
Issue #1 The issue is whether the UCC is applies to the alleged offer and acceptance made between Kevin and the department store.
Rule
The Universal Commercial Code (UCC) governs transactions in goods, which are all things that are tangible and movable at the time of identification to the contract for sale, and the common law governs transactions involving services provided by professionals.
When a mixed contract exists involving both goods and services, most courts use the predominate factor test to determine if the contract is predominately for a good or a service
Analysis
Here, the UCC applies- not the common law- because the alleged offer made by the department store included the sale of baseball caps and gold necklaces which are tangible and moveable at the time of identification. Whether the offer and acceptance made are valid or not, caps and necklaces which are the subject matter of the deal can be moved from one location to another i.e they can be shipped, from the moment they are identified.
Conclusion
Therefore the UCC,not common law applies, because goods that are tangible, moveable, and identifiable at the time of transaction are involved in the transaction.
Issue #2 The issue is whether there was a valid offer when the department store issued an add in the new paper presenting the sale of goods.
Rule
An offer is a manifestation of willingness to enter into a bargain e.g. a “yes-able” proposition. A valid offer has three requirements: It must be…

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