Jones contracts to buy a computer from Martin for 1500. The ...

[tiara099]

Jones contracts to buy a computer from Martin for 1500. The contract calls for Martin to service the computer quarterly for the first year and to tutor Jones on how to use the software. Is this contract covered by the UCC or common law?

Question 2

Who will prevail in the following scenarios applying the CISG? Would your answer change if the parties selected the UCC pursuant to a choice of law clause? Please provide a short explanation for each of your answers. Scenario An attempt by an American consumer to sue a Chinese manufacturer for product defects which resulted in his personal injury.

[Bison]

Answer to Question 1

Article 2 governs contracts for the sale of goods. When there is a mixed contract, one involving both goods and services, such as the one between Jones and Martin, the courts will look to what is the predominant purpose of the contract. Here, although Jones may have agreed to purchase Martin's computer because of the services Martin was willing to provide, the overriding purpose of the contract was to obtain a computer. In other words, the services without the computer are meaningless. Therefore, the UCC rather than the common law governs.

Answer to Question 2

Utilizing the CISG, the Chinese seller may prevail. The CISG only applies to the commercial sale of goods between merchants. Utilizing the UCC, the American consumer may prevail. The warranty provisions of the UCC apply to both commercial and consumer sale of goods.

[tiara099]

Thanks for the timely response, appreciate it

[bulacsom]

Gracias!