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Chapter 1 Notes and Questions

by: Amber Sharpnack

Chapter 1 Notes and Questions PLA 3428

Marketplace > Florida Gulf Coast University > PLA 3428 > Chapter 1 Notes and Questions
Amber Sharpnack
GPA 3.5

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About this Document

These are the notes in chapter 1 and the questions at the end needed for the assignment.
Professor Paul Asfour
Class Notes
contracts, Law, CommonLaw, statelaw
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This 2 page Class Notes was uploaded by Amber Sharpnack on Monday August 29, 2016. The Class Notes belongs to PLA 3428 at Florida Gulf Coast University taught by Professor Paul Asfour in Fall 2016. Since its upload, it has received 8 views.


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Date Created: 08/29/16
Contracts PLA 3428 – CRN 80818 Professor Paul Asfour Chapter 1: Determining the Rules Governing the Dispute It is imperative for the contracting parties to choose the following at the time of formation: 1. Method of dispute resolution in the event of a subsequent dispute. 2. Laws that will apply in the event of a dispute. 3. Location of the forum. -Mainly international transactions are resolved through arbitration. Arbitration: form of alternative dispute resolution; technique for resolving issues outside of the court. Decision is final and cannot be appealed. Federal Preemption: doctrine derived from supremacy clause in constitution whereby any federal law takes precedence over any conflicting state laws. Forum State: state in which the case is filed and hearing the case. Party Autonomy Rule: the court deference to the parties’ own choice of applicable law. Unless the chosen state has no substantial relationship to the parties and transaction or the result of the law would be contrary to the forum state’s public policy. Restatements of the Law: an attempt by the American Law Institute (ALI) to codify the common law of various states into text with commentary and examples. It looks at place of contracting, negotiation, and performance of contract matters as well as location and domicile of the parties. Hybrid Transactions: contracts that are for both the sale of goods and the sale of services. Predominant Factor Test: used to resolve whether a hybrid transaction should be treated under Article 2 of the Uniform Commercial Code (UCC) or common law.  UCC deals with the sale of goods.  Common law deals with the sale of service. Recap: UCC is a set of rules drafted by the ALI and National Conference of Commissioners on uniform state laws. Article 2: of the UCC is limited to the transaction of goods and sales. Back of the Chapter Questions for Assignment: Fill in the Blanks: 5. The determinations of which law apples where more than one state is involved in a transaction, where conflicting laws within a state exists, or where federal law may preempt state law. 11. Under this doctrine, state law must give way to federal law when federal law either expressly regulates the matter or when a particular subject is regarded as being beyond the bounds of state action. 12. The state in which the case is filed. 13. Deference given by the courts to the parties’ own choice of applicable law. Short Answer: 5. Although courts will give effects to the parties’ own choice of applicable law, this deference is not without limitations. If the contracting parties select the state with the applicable law and incorporate this selection into their contract for their choice of law, then the courts in the forum state will enforce this choice of law provision unless ____________. 6. Adam hired Quality to paint his house. Quality promised to do a turn key job to supply the paint as well as apply it. The contract was oral. Quality failed to complete the work and Adam sued Quality for breach of contract. If this transaction is a sale of goods, Article 2 applies, and the contract must satisfy the Statute of Frauds provision of the UCC and be in writing to be enforceable. If this transaction is not a sale of goods, Article 2 is inapplicable and the contract is enforceable regardless of whether is was oral or written. Does Article 2 or state common law apply?


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