signed an additional work order in the amount of $$12,943$ for TCG to install a customized

firewall system. The work orders stated that Holcomb would make monthly installment payments to

TCG$,$ and both parties expected the work would be finished by September. Due to unforeseen prob$-$

lems largely attributable to system configuration and software incompatibility, the project required

more time than anticipated. By the end of the summer, the Web site was still not ready, and Holcomb

had fallen behind in his payments to TCG$.$ TCG threatened to cease work and file a suit for breach of

contract unless the bill was paid. Rather than make further payments, Holcomb wanted to abandon the

Web site project. Using the information presented in the chapter, answer the following questions.

$1.$ Would a court be likely to decide that the transaction between Holcomb and TCG was covered by the

Uniform Commercial Code $($UCC$)?$ Why or why not?

$2.$ Would a court be likely to consider Holcomb a merchant under the UCC? Why or why not?

$3.$ Did the parties have a valid contract under the UCC? Were any terms left open in the contract? If so$,$

which terms? How would a court deal with open terms?

$4.$ Suppose that Holcomb and TCG meet in October in an attempt to resolve their problems. At that

time, the parties reach an oral agreement that TCG will continue to work without demanding full

payment of the past due amounts and Holcomb will pay TCG $$5,000$ per week. Assuming the contract

falls under the UCC, is the oral agreement enforceable? Why or why