UCC or Common Law The preliminary issue to address when answering a contracts question is to determine whether the UCC or Common Law applies in your proceeding analysis of the fact pattern. Applying a process of elimination, determining when to apply and not to apply the UCC rules can make a difference when answering essay questions or multiple choice questions.
Does the UCC/Common Law Govern the K? Sale of Goods
•Discuss whether the contract involves the sale of goods and if so UCC rules apply •If its movable then its usually a good
Transaction btwn Merchants
•Discuss whether the parties involved regulary engage in the sale of goods or have a special or unique knowledge regarding the subject matter
•Be sure not to apply UCC principles to service contracts
Published on Oct 21, 2010
Before you answer a Ks exam question you must first establish whether the governing rules are found under the UCC or Common Law.