Contracts Exam Writing Question

[greenduckuo]

Ok, Contracts seems to be the most difficult for me to write answers for.  My general question is when the UCC applies do you only stick to a UCC analysis?  Take a hypo that obviously involves applying UCC 2-207 additional terms. You have a transaction of goods greater than 500 bucks but there is nothing in the fact pattern that says whether the state enacted the UCC or not.  Do you even address the common law issues that a battle of the forms fact pattern presents or do you just stick to the UCC analysis?

[Eugene Young]

I usually start like this....

The issue is whether (fill in issue). Since this is a K for the sale of goods, the UCC applies. The SOF also applies b/c this is for the sale of goods equal to or greater than $500.

Then move to your analysis, counter-arguments, etc.

If the fact pattern doesn't say that it's a state that adopted the UCC, I would then go....

OTOH, common law rules could apply. Since the fact pattern doesn't state whether we are in a jurisdiction that has adopted the UCC, blah blah move to analysis.

If time is an issue, and it appears to be an obvious UCC question, hit the UCC first. I always go for the low hanging fruit first to get the for sure easy points. Move to the exceptions, alternatives, etc later. At a minimum, you've showed your professor that you're aware that it depends on if the state has the UCC. Nuances like that in an exam can be the difference in deciding what side of the curve you end up on.

But again, that's just my mode of attack.  It's not the destination so much as the journey that took you there is what matters in law school exams. YMMV.

[M_Cool]

Contracts is nice because you always know where to start.

(1) UCC or C/L?
(2) I usually analyze the one it probably is NOT first, and preface it with "just in case" or something
(3) Finish the analysis with the one that it is

Got me the highest exam grade anyways

[Diet Yomajesty]

They made us two Ks classes - one CL and one UCC. other schools lump them into one course?

[nerfco]

They made us two Ks classes - one CL and one UCC. other schools lump them into one course?

Yes, they do. I've never heard of having to take two K's classes.

[Diet Yomajesty]

hmph. Makes it easier to spot which rule of law applies, so that was nice.

[nerfco]

hmph. Makes it easier to spot which rule of law applies, so that was nice.

IIRC, we just had to state both the UCC rule and the CL rule. Generally though, we spent more time on the common-law than the UCC.