Question

In determining whether a contract containing both a sale of goods and a service is a UCC or general contract, the majority of states follow the:

a. CISG.
b. Procedural or bargaining scrutiny.
c. Primary cost test.
d. Predominant time test
e. None of the above

Answer 1

The majority of states follow the Predominant time test to determine whether a contract containing both a sale of goods and a service is a UCC or general contract.

Step-by-step explanation:

The correct option is D:

In determining whether a contract containing both a sale of goods and a service is a UCC or general contract, the majority of states follow the Predominant time test. This test looks at which aspect of the contract takes up the majority of the time, effort, or resources. If the sale of goods is the predominant aspect, then the contract is considered a UCC contract. If the service is the predominant aspect, then it is considered a general contract.

For example, if a student hires a photographer to take pictures at their graduation party and also purchases a photo album from the photographer, the contract would likely be considered a UCC contract because the sale of goods (the photo album) is the predominant aspect, even though there is also a service component (the photography).