Carpet Woes. Beau went shopping at ABC Carpet. He saw some carpet he liked but could not make up his mind. The manager at ABC Carpet wrote down the proposed purchase price for him along with a statement that the price would be good for three months. Two months later Beau went back to ABC Carpet to purchase the carpet. Unfortunately, the price had gone up. Beau showed the manager his writing and guaranteed price, but the manager said that the offer was no longer good. Although he had to pay more than the ABC manager had initially promised, Beau proceeded to purchase his carpet from ABC Carpet, and he also contracted with ABC to do the installation. Unfortunately, Beau almost immediately started to have problems with the carpet. Beau told the sales manager of ABC Carpet that he was planning on bringing suit for breach of warranty. The sales manager, however, told him that the breach of warranty provisions only applied to sales of goods and that the carpet purchase was for installation, a service. Which of the following is true regarding whether the Uniform Commercial Code (UCC) applies to the contract Beau had with ABC Carpet?Multiple ChoiceCommon law applies, not the UCC, because the contract involves a mixed sale.The UCC applies, not common law, because the contract involves a mixed sale.The court will determine if the predominant purpose of the contract was for the sale of goods, and if it was, the UCC applies.The court will apply the "service-warranty" test to determine if the predominant purpose of the contract was for the provision of a service, and if it was, the UCC applies.The court will apply the "service-warranty" test to determine if the predominant purpose of the contract was for the sale of goods, and if it was, the UCC applies.
Question
Carpet Woes. Beau went shopping at ABC Carpet. He saw some carpet he liked but could not make up his mind. The manager at ABC Carpet wrote down the proposed purchase price for him along with a statement that the price would be good for three months. Two months later Beau went back to ABC Carpet to purchase the carpet. Unfortunately, the price had gone up. Beau showed the manager his writing and guaranteed price, but the manager said that the offer was no longer good. Although he had to pay more than the ABC manager had initially promised, Beau proceeded to purchase his carpet from ABC Carpet, and he also contracted with ABC to do the installation. Unfortunately, Beau almost immediately started to have problems with the carpet. Beau told the sales manager of ABC Carpet that he was planning on bringing suit for breach of warranty. The sales manager, however, told him that the breach of warranty provisions only applied to sales of goods and that the carpet purchase was for installation, a service. Which of the following is true regarding whether the Uniform Commercial Code (UCC) applies to the contract Beau had with ABC Carpet?Multiple ChoiceCommon law applies, not the UCC, because the contract involves a mixed sale.The UCC applies, not common law, because the contract involves a mixed sale.The court will determine if the predominant purpose of the contract was for the sale of goods, and if it was, the UCC applies.The court will apply the "service-warranty" test to determine if the predominant purpose of the contract was for the provision of a service, and if it was, the UCC applies.The court will apply the "service-warranty" test to determine if the predominant purpose of the contract was for the sale of goods, and if it was, the UCC applies.
Solution
The correct answer is: The court will determine if the predominant purpose of the contract was for the sale of goods, and if it was, the UCC applies.
This is because the Uniform Commercial Code (UCC) applies to contracts for the sale of goods. In a mixed contract, which involves both the provision of a service (in this case, the installation of the carpet) and the sale of goods (the carpet itself), the court will look at what the predominant purpose of the contract was. If the predominant purpose was the sale of goods, then the UCC will apply. If the predominant purpose was the provision of a service, then common law, not the UCC, would apply. In this case, it seems that the predominant purpose was the sale of the carpet, so the UCC would apply.
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