Cengage Advantage Books: Law for Business 19th Edition by John Ashcroft,Katherine Ashcroft,Martha Patterson

Exercise 1

Simulados Software, Ltd. (Simulados) developed PC software to prepare teachers for the Texas Examinations of Educator Standards. In order to serve the Apple Macintosh computer community, Simulados contracted with Photon Infotech Private, Ltd. (Photon) to develop a version compatible with Macintosh computers. Simulados and Photon entered into a detailed contract regarding the specific steps which needed to be taken, a time frame for completion, installment payments as various benchmarks were reached, and final delivery of a workable product. However, Photon never provided Simulados with a fully functioning application. Photon defended Simulados's subsequent lawsuit by claiming, among other things, that the UCC did not apply because the contract did not involve a sale of goods. Did it?