Section 1 of 1
Summer Experience: Commercial Transactions
I need your help with a problem that one of our clients is having with a construction contract. Our client, Westerly Construction Company, entered into a contract with the Giant Corporation. The contract was the sale of insulation construction panels that Westerly manufactures and for the installation of those panels on the new Giant Corporation headquarters. UCC Article 2 governs the sale of goods, but not the rendition of services. Construction and manufacturing contracts are among the many types of contracts that contain elements of both a sale of goods and the rendition of services. Whether, and to what extent, such "mixed" (also called "hybrid") contracts are subject to Article 2 needs to be researched before we proceed with this matter for our client.
Specifically, I need to know whether the contract at issue constitutes a sale of goods or can be distinguished from a sale of services contract. I then need you to consider whether the contract is subject to Article 2. Do the cases you will find hold as a matter of law that "construction contracts" are contracts for "services" or that contracts for "specially manufactured goods" are contracts for the sale of goods, without any mixed contract analysis and are therefore not subject to the UCC.
To get you started, I have provided the beginning of a research log that have from a prior case. Please follow the log and answer the questions I present below.
Research Log from Tigger Industries v. Pooh Bear Honey Corp.
Specifically, I need to know whether the contract at issue constitutes a sale of goods or can be distinguished from a sale of services contract. I then need you to consider whether the contract is subject to Article 2. Do the cases you will find hold as a matter of law that "construction contracts" are contracts for "services" or that contracts for "specially manufactured goods" are contracts for the sale of goods, without any mixed contract analysis and are therefore not subject to the UCC.
To get you started, I have provided the beginning of a research log that have from a prior case. Please follow the log and answer the questions I present below.
Research Log from Tigger Industries v. Pooh Bear Honey Corp.
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1. First you want to familiarize yourself with the issues. In my prior research I found an excellent article by searching “Contract for service” in the main box. The first article is a practice note. I love these notes because they are written by experts in the area of law. I lost the information about this first article. Which one of these dates is correct for when it is current thru?
1. First you want to familiarize yourself with the issues. In my prior research I found an excellent article by searching “Contract for service” in the main box. The first article is a practice note. I love these notes because they are written by experts in the area of law. I lost the information about this first article. Which one of these dates is correct for when it is current thru?
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a. March 24, 1971
b. June 2, 1943
c. January 28, 2020
d. September 22, 1998.
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2. Now change your search at the top (stay in Commercial Transactions) and search for Contract for service and UCC. Find a source called Battle of Forms. What UCC Section deals with a battle of forms scenario?
2. Now change your search at the top (stay in Commercial Transactions) and search for Contract for service and UCC. Find a source called Battle of Forms. What UCC Section deals with a battle of forms scenario?
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a. UCC 5-409
b. UCC 2-207
c. UCC 7-777
d. UCC 2-098
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3. That Battle of the Forms article is excellent but I have some questions. One Lexis Practice Advisor you can contact the author/expert and seek his or her advice. I plan to do that so please tell me who is the author of the Battle of Forms article.
3. That Battle of the Forms article is excellent but I have some questions. One Lexis Practice Advisor you can contact the author/expert and seek his or her advice. I plan to do that so please tell me who is the author of the Battle of Forms article.
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a. Timothy Murray
b. Albus Dumbledore
c. Shivangee Pandya
d. Joseph Cuthbert
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4. Let’s leave Lexis Practice Advisor and do a search in Lexis Advance (to leave go back to the white cube and find Research). Enter a search for “construction contract” or “contract for construction”-you retrieve over 10,000 results. A great way to narrow is to go to the left side of the screen and use the “search within results” filter. I called customer service and they told me to enter “contract for service /s UCC.” I cannot remember what that search means? Which of these options is it?
4. Let’s leave Lexis Practice Advisor and do a search in Lexis Advance (to leave go back to the white cube and find Research). Enter a search for “construction contract” or “contract for construction”-you retrieve over 10,000 results. A great way to narrow is to go to the left side of the screen and use the “search within results” filter. I called customer service and they told me to enter “contract for service /s UCC.” I cannot remember what that search means? Which of these options is it?
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*Hint if you need to learn terms and connectors you can go under help and search for “Using Search Connectors” and you can even print off a guide.
a. Contract for service sliding under UCC
b. Contract for service within the same sentence as UCC
c. Contract for service specifically under the UCC
d. Contract for service super duper with the UCC
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5. With the remaining list of cases, use Ravel view to tell me the most relevant, most-cited case.
5. With the remaining list of cases, use Ravel view to tell me the most relevant, most-cited case.
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Hint-Ravel view is on the right side of screen and looks like bubbles. Click it and the largest bubble on the graph is the most-cited, most-relevant case.
a. Schenectady Steel Co. v. Bruno Trimpoli General Constr. Co.
b. Parkville Roofing v. Amanda’s Factory
c. Cullen Moving and Storage v. Black Beach Shack
d. Exotic Pets v Baskin Construction
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6. Open the case you found in question 5. Can I rely on this case for my brief?
6. Open the case you found in question 5. Can I rely on this case for my brief?
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a. Yes
b. No
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