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Tuesday, 2 July 2013

The Scope of UCC 2

The Scope of UCC 2
Does not apply to real estate unless there is a “good” that can be severed by the Seller. If the good is severed by the Buyer, then UCC2 does not apply.
Generally contracts for services are not governed by UCC2.
What if Goods and Services combined?
Case 19.1: Micro Data Base v. Dharma Systems (1998).
UCC2 applies to the “sale of goods.”
§ A “sale” is the passing of title of “goods” to/from a “merchant” (seller or buyer) for a price (money, goods, services,etc).
§ “Goods” are tangible and movable.
§ A “merchant” has special business expertise and is not a casual buyer/seller.

Case 19.2: Ready Trucking Inc v. BP Exploration & Oil Co. (2001).

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