Business Law Notes July 31st Contracts Page 291 What constitutes a contract Offer and accepting of the offer Lambert How do you prove there was a contract Do they act like they have one Was there a benefit UCC is diff from common law Contract formation Hybrid contracts Implied warranties merchantability fitness UCC has these Most states use predominant factor test what is sold and what was the predominant factor then everything is classified as good or service Graverman test if you can split the hybrid into parts then apply rules to each part Pass v Shelby Aviation case Accident from fl to ten Crashed in Alabama Plaintiff sued aviation bc rear wing was defective lacking bolts Didn t sue under negligence or strict liability sued under a warranty theory article 2 of the UCC This is predominantly a service says the court bc they originally went in for a routine check up and that was the reason they came in 37 was goods says the court because installing fo the goods was a service Where the UCC doesn t address the common law of contracts applies Page 298 Non contract relationships Two main law remedies o Quasi contract Mill creek o Promissory Estoppel 5 Promissory Estoppel 9 Chapter 10 How does a court reach a remedy if there are no definite terms Jammisch v Nuffziger Jean seller plaintiff Why decided under UCC sale of a business is normally sale of their assets which is the good roach coach Predominantly the sale of a good Why doesn t it have to be in writing 2 exceptions of writing is part performed or admit to having a contract which they did
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