Linda wanted to replace the old carpet in her home.She entered into a contract with Carpet Co. ,for the purchase and installation of a new carpet.The price of the carpet was $3,000 and the cost of the labor to install the carpet was $150.Later,Linda became dissatisfied with this transaction and now wants to sue Carpet Co.Linda wants to apply the contract rules of the UCC,but Carpet Co. ,wants to apply the contract rules of the common law.Which source of law should govern this case?
A)The contract rules of the UCC apply,because the contract included the sale of goods.
B)The contract rules of the UCC apply,because the predominant purpose of the contract was for the sale of goods.
C)The contract rules of the common law apply,because the contract included services,which are governed by the common law.
D)The contract rules of the common law apply,because all contracts are governed by the common law.

Question

Quizplus · Accepted Answer

Since this is a hybrid contract,the UCC would have to determine which rule to follow.The test that the courts most frequently use to determine whether Article 2 applies to such a contract is the predominant purpose test,which asks which element,goods or services,predominates in the contract.

Linda Wanted to Replace the Old Carpet in Her Home