What's at issue - the good or the service?

During this sixth Module, we are learning about the Uniform Commercial Code ("UCC"), specifically Articles 2 and 2a of the UCC. As you read in Chapter 19, Article 2 of the UCC governs the sale of goods. "Goods" are defined as "tangible items that are movable at the time of their identification to a contract." Further, a "sale" is defined by the UCC as "the passing of title of goods from a seller to a buyer for a price."

As you read in our text, the question of whether the UCC applies in a sales contract that involves both goods and services is governed by the "predominant-factor test." (Miller, at 424.).

Please review Case Example #19.2 on page 424, involving the case of Sack v. Cessna Aircraft Co., 676 Fed.Appx. 887 (11th Cir. 2017).

The full text of the 11th Circuit Court of Appeals' decision can be found here:

https://casetext.com/case/sack-v-cessna-aircraft-co (Links to an external site.)

Upon reviewing the case example, do you believe that the Court ruled correctly in the plaintiff's favor against Cessna? Further, do you believe that the Court correctly applied the predominant-factor test? Why or why not? Can you think of an example of a mixed-sales contract (involving both goods and services) that would NOT pass the predominant-factor test?

Answer rating: 100% (QA)

In navigating mixedsales contracts where goods and services intertwine courts often employ the predo... View the full answer