Private Law Theory

SCOPE OF ARTICLE 2
Article 2 of the Uniform Commercial Code (‘UCC’) applies to ‘transactions in goods’ and defines ‘goods’ to include all things that are ‘movable at the time of identification to the contract’. Courts tend to read section 2-102 more narrowly than its text by applying Article 2 to present sales of goods and to contracts for the future sale of goods. In mixed-sales transactions, such as those involving goods and services, courts often apply a predominant purpose test.4 Under this test, Article 2 applies if the transaction is predominantly for the sale of goods, but it does not apply if the transaction is predominantly for the provision of services. The application of this test is illustrated by two interesting cases decided since the publication of the last survey …

Martin, Jennifer S, Sales 2024 Cases (March 1, 2025).