Question

Chef Jacquie is scheduled to teach a cooking class to three students. The class tuition is $1,100 per student. In the class, each student cooks a French meal under Jacquie's expert supervision and receives a cookbook (worth $30) and a cooking pan (worth $150). Tory, one of the students, tells Jacquie the day before the class that she will be unable to attend and requests a refund. Jacquie denies the refund and Tory sues. Tory claims that the UCC should govern the contract and Jacquie argues that it should be covered by the common law. Who is right?

Answer 1

Answer:

Jacquie, because the class is primarily a service

Explanation:

            All the contract laws in the United States are governed either by the Common law or by the UCC or the Uniform Commercial Code.

           The Uniform Commercial Code governs all the contracts transactions in the form of securities and goods including tangible objects such as purchase of vehicles, etc.

            Whereas the contracts transactions that includes intangibles assets, services, real estates, insurances, etc. are all govern by the Common law.

           In the context, when Tory sues Jacquie for denying the refund Tory says that this contractual transaction should come under the Uniform Commercial Code while according to Jacquie this transaction should come under the common law because Jacquie is giving teaching classes to the students which is mainly a service. So contractual transaction under service is goverened by the Common law.

Hence the answer is ---

Jacquie, because the class is primarily a service