Question

A subcontractor agreed to remove and dispose of cabinets from a public housing project. When a dispute arose, one party argued that the UCC applied, and the other argued that it was the common law contract. Explain who is correct and why.

Answer 1

The UCC would apply if the removal and disposal of cabinets can be considered a sale of goods. Otherwise, the common law contract would apply.

Step-by-step explanation:

The correct answer in this case would depend on the specific circumstances and the language used in the contract. However, generally speaking, the UCC (Uniform Commercial Code) would apply to the transaction if the removal and disposal of cabinets can be considered a sale of goods.

The UCC is a set of laws that governs various aspects of commercial transactions, including the sale of goods. If the subcontractor's work can be classified as a sale of goods, then the UCC would apply, and the rights and obligations of the parties would be governed by the UCC.

If the subcontractor's work is deemed to be more of a service or a construction contract, then the common law contract would apply. The common law contract refers to the body of law that has developed through court decisions over time and is based on principles of fairness and justice.