HW11.doc - Learning Objective If a contract involves both...

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Learning Objective If a contract involves both goods and services, does the UCC apply? When contracts involve a combination of goods and services, courts generally use the predominant-factor test to determine whether a contract is primarily for the sale of goods or for the sale of services. If a court decides that a mixed contract is primarily a goods contract, any dispute, even a dispute over the services portion, will be decided under the UCC. In a sales contract, if an offeree includes additional or different terms in an acceptance, will a contract result? If so, what happens to these terms? Under the UUC, a contract is formed if the offeree’s response indicates a definite acceptance of the offer, even if the acceptance includes terms additional or different from those contained in the offer. Whether the additional terms become part of the contract depends, in part, on whether the parties are non-merchants or merchants. If one of the parties is a non-merchant, the contract is formed and does not include the additional terms. If both parties are merchants, the additional
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