Jones contracts to buy a computer from Martin for $1,500. The contract calls for Martin to service the computer quarterly for the first year and to tutor Jones on how to use the software. Is this contract covered by the UCC or common law?
What will be an ideal response?
Article 2 governs contracts for the sale of goods. When there is a "mixed" contract, one involving both goods and services, such as the one between Jones and Martin, the courts will look to what is the predominant purpose of the contract. Here, although Jones may have agreed to purchase Martin's computer because of the services Martin was willing to provide, the overriding purpose of the contract was to obtain a computer. In other words, the services without the computer are meaningless. Therefore, the UCC rather than the common law governs.
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What will be an ideal response?