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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

Service Contracts

•Be sure not to apply UCC principles to service contracts

First Issues to Spot on 1L K Exam  

Before you answer a Ks exam question you must first establish whether the governing rules are found under the UCC or Common Law.