Asked by Sharion Dielle on May 13, 2024
Verified
Carpet Woes.Beau went shopping at ABC Carpet.He saw some carpet he liked but could not make up his mind.The manager at ABC Carpet wrote down the proposed purchase price for him along with a statement that the price would be good for three months.Two months later Beau went back to ABC Carpet to purchase the carpet.Unfortunately,the price had gone up.Beau showed the manager his writing and guaranteed price,but the manager said that the offer was no longer good.Although he had to pay more than the ABC manager had initially promised,Beau proceeded to purchase his carpet from ABC Carpet,and he also contracted with ABC to do the installation.Unfortunately,Beau almost immediately started to have problems with the carpet.Beau told the sales manager of ABC Carpet that he was planning on bringing suit for breach of warranty.The sales manager,however,told him that the breach of warranty provisions only applied to sales of goods and that the carpet purchase was for installation,a service.Which of the following is true regarding whether the Uniform Commercial Code (UCC) applies to the contract Beau had with ABC Carpet?
A) Common law applies,not the UCC,because the contract involves a mixed sale.
B) The UCC applies,not common law,because the contract involves a mixed sale.
C) The court will determine if the predominant purpose of the contract was for the sale of goods,and if it was,the UCC applies.
D) The court will apply the "service-warranty" test to determine if the predominant purpose of the contract was for the provision of a service,and if it was,the UCC applies.
E) The court will apply the "service-warranty" test to determine if the predominant purpose of the contract was for the sale of goods,and if it was,the UCC applies.
Mixed Sale
A transaction that involves both goods and services, requiring different legal considerations than the sale of pure goods or services alone.
Uniform Commercial Code (UCC)
A statutory source of contract law in the United States applicable to transactions involving the sale of goods. The UCC was created in 1952 and adopted by all 50 states, the District of Columbia, and the Virgin Islands; it may be modified by each state to reflect the wishes of the state legislature.
Service-Warranty Test
A legal analysis used to determine whether a transaction involves a service contract or a warranty under consumer protection laws.
- Recognize legal considerations and rights in cases of nonconforming goods and breach of warranty.
- Identify the differences in sales agreements with respect to their conditions and delivery aspects.
Verified Answer
GS
Gabbi SablanMay 16, 2024
Final Answer :
C
Explanation :
Sometimes,it is not easy to tell whether something is a good because a tangible item is tied to or mixed with something intangible,such as a service.A contract that combines a good with a service is a mixed sale.Article 2 of the Uniform Commercial Code applies to mixed sales if the goods are the predominant part of the transaction.
Learning Objectives
- Recognize legal considerations and rights in cases of nonconforming goods and breach of warranty.
- Identify the differences in sales agreements with respect to their conditions and delivery aspects.