Common Law Contract (UCC)

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Weekly Reflection Paper Weekly Reflection Paper The group was to compare and contrast common law contracts and the UCC article 2. The textbook tells us that contracts for services or real estate are governed by state common law and contracts for goods or products are governed by state statutory law based on the Uniform Commercial Code (UCC). Some contracts involve both goods and services. These are known as hybrid contracts. In a hybrid contract, the source of law is established by determining the predominant thrust of the contract subject matter. If the contract is predominantly for services, and the goods are incidental, then the contract is governed by the common law. If the goods are the main feature of the contract, and the services come incidentally, then the contract is governed by statutory law. I am comfortable with the concepts of common law contracts and the contracts covered by state statutory law based on the UCC Article 2. The week 5 topics were ethical decision making and the…show more content…
Those that deal in movable goods for sale are merchants and as the UCC has stated merchants are those who regularly engage in the sale of tangible items. The one comparison that seem to exist in state common law and state statutory law is the need for a contract. The two laws are similar in that contracts must exist between the two and they must also contain certain understandings so to be considered valid. Article 2 may require a contract to complete a sales transaction, but these contracts are not has detailed and do not have certain formation requirements. There is another similarity among the two which is statute of fraud and certain considerations, but even in this there are differences. A sales contract under the UCC can be modified without further considerations (Melvin,
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