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Sales and Leases - A Problem-based Approach, 2016a

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(1) the sale of cookies by a girl scout?<br />

(2) the sale of television programming?<br />

(3) the sale of a yellow page ad?<br />

(4) the sale of electricity by a utility company?<br />

(5) the sale of a debt owed to you?<br />

(6) the sale of a mobile home located on blocks on a dealer’s lot?<br />

(7) the sale of a mobile home embedded in a cement foundation on l<strong>and</strong>, which the buyer<br />

subsequently intends to move?<br />

(8) the sale by a farmer in December of wheat which he will plant next May?<br />

(9) the sale of Confederate money?<br />

(10) the sale of tickets to the Final Four basketball play-offs?<br />

(11) the sale of the answer sheet to the <strong>Sales</strong> <strong>and</strong> <strong>Leases</strong> final exam?<br />

(12) the sale of water by an owner of l<strong>and</strong> on which an artesian well is located to a bottler<br />

who will pump 100,000 gallons per month from the spring?<br />

Research Assignment 2-1. Does the sale of blood by a law student to a blood bank fall within<br />

the definition of “goods” for purposes of Article 2? Many jurisdictions have a statute on point<br />

that you may wish to research. See, e.g., California Health <strong>and</strong> Safety Code § 1606, which<br />

provides:<br />

Blood, etc.; processing, distribution; service, not sale<br />

The procurement, processing, distribution, or use of whole blood, plasma, blood products,<br />

<strong>and</strong> blood derivatives for the purpose of injecting or transfusing the same, or any of them,<br />

into the human body shall be construed to be, <strong>and</strong> is declared to be, for all purposes<br />

whatsoever, the rendition of a service by each <strong>and</strong> every person, firm, or corporation<br />

participating therein, <strong>and</strong> shall not be construed to be, <strong>and</strong> is declared not to be, a sale of<br />

such whole blood, plasma, blood products, or blood derivatives, for any purpose or<br />

purposes whatsoever.<br />

What reasons do you believe the California legislature considered in enacting this “blood shield”<br />

statute?<br />

2.1.4. Section 2-102 specifies that Article 2 applies to “transactions in goods.”<br />

Transaction is not defined, but is undoubtedly a broader concept than a “sale.” Clearly,<br />

sales of goods are governed by Article 2, but what about gifts of goods? <strong>Leases</strong> of goods?<br />

Barter transactions? See § 2-304.<br />

2.1.4.1. Most operative provisions of Article 2 apply only to sales of goods. For<br />

example, the definition of “contract” <strong>and</strong> “agreement” under § 2-106 are limited<br />

to those relating to the present or future sale of goods. Thus, wherever the term<br />

“contract” or “agreement” is used in Article 2, leases of goods are by definition<br />

excluded. Similarly, most Article 2 provisions specifically refer to a contract for<br />

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