Monday, January 14, 2013
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.
- 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?