1. Sam wanted to install a new computer system in his office. The system require
ID: 449855 • Letter: 1
Question
1. Sam wanted to install a new computer system in his office. The system required both hardware and software. Sam entered into a contract with Acme, Inc. The price of the computer system and software was $125,000. The cost of the software alone was $85,000. Sam became dissatisfied with the system and sued Acme. Because of its special remedies, Sam wants to apply the contract rules of the UCC, but Acme claims that the UCC doesn't apply. Which of the following statements is most correct?
A. The contract rules of the common law apply, because all contracts are governed by the common law.
B. The contract rules of the UCC apply, because the predominant purpose of the contract was sale of goods.
C. The contract rules of the common law apply, because the contract included services, which are governed by the common law.
D. The contract rules of the UCC apply, because the contract included the sale of goods
2. A college professor was concerned that two students in his class could not afford to buy the class textbook. It contained many chapters, but only a few were used in the class. The professor told the students who couldn't afford the textbook that he would make them copies of the chapters to be discussed in the course, at no charge. He made the copies and gave them to the two students. If the professor were to be sued for copyright infringement:
A. The professor will lose because by making and distributing the chapters he is diminishing the value of the book on the national market.
B. The professor will lose because he is copying whole sections of the book.
C. The professor will win because the fair use doctrine permits use of the work for educational purposes.
D. The professor will win because he did not copy the entire book but only two chapters of it and is not making a profit.
Explanation / Answer
1. The correct answer is Option B B. The contract rules of the UCC apply, because the predominant purpose of the contract was sale of goods. UCC covers sales of goods irrespective of price of goods. 2. The correct answer is Option C. C. The professor will win because the fair use doctrine permits use of the work for educational purposes. Copyright Act allows prints taken for the educational purposes.
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