Solution and Answer Guide The Law of Contracts and the Uniform Commercial Code 4e Pamela R. Tepper Chapter 1-19
CHAPTER 1
CONTRACT LAW: A GENERAL INTRODUCTION INTRODUCTION: JUST SUPPOSE . . . If you are curious about what really happened in the case featured in the Chapter 1 introduction, refer to Thomas v. Publishers Clearing House, 29 Fed. Appx. 319, 2002 WL 193935 (C.A. 6 Ohio).
ANSWERS TO CASE QUESTIONS TK Power, Inc. v. Textron, Inc., 433 F. Supp. 2d 1058 (N.D. Cal. 2006). What facts did the court rely upon in reaching its result? Answer: The court reviewed the transaction and determined that the parties were contracting for a service and not a sale. What issues were distinguishing for the court in finding that the transaction was governed by the common law rather than the U.C.C.? Answer: Because TK Power was supposed to develop a battery prototype for Textron in three phases, these facts supported the court‘s conclusion that the primary purpose of the contract was for a service. Would the court‘s decision have been different had TK Power completed the development of the prototype battery and sold it to Textron? Why or why not? Answer: This question is meant for discussion with students and does not have a definite answer. Kingvision Pay Per View v. Wilson, 83 F.Supp. 2d 914 (W.D. Tenn. 2000). What are the issues in the case? Answer: The issues in the case involve theft of intellectual property and statute-of-limitations issues. What was the basis of the challenge to the statute of limitations question? Answer: The issue was whether the federal or state statute of limitations applied. The court determined that state law applied and found that the suit was timely filed. What is the central theme in footnote 4 of the court‘s opinion? Answer: The plaintiff ‘s attorney copied a legal treatise verbatim without citation to the treatise.
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