ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Monday, January 14, 2013

Teaching Sales

I am teaching Sales this semester for the first time.  It's pretty exciting actually.  I expect to be posting a lot of issues that are new to me since I've never covered the material before.  I have not read widely in the area, so there are probably answers out there to my questions, but I don't have time to research them all.  Or sometimes I suspect there will not be clear answers.  In either case, I invite contracts scholars and practitioners to weigh in with references to relevant cases or scholarship or with opinions.

This week we are just covering definitional stuff, so my posts will relate to that.  Topics for the week include:

  • When should mixed contracts be treated as contracts for the sale of goods: predominant purpose v. gravamen of the action test?
  • When is a contract relating to software a contract for the sale of goods and does the emergence of the cloud change our perspective on the issue?
  • Why should a distribution agreement be treated as a contract for the sale of goods?


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