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1 . The agreement between Janke and Brooks to restore the 1 9 5 7 Chevrolet Nomad is a hybrid contract. If the service component
The agreement between Janke and Brooks to restore the Chevrolet Nomad is a
hybrid contract. If the service component of the contract predominated, the
contract would be governed by common law contract principles. If the sales
component predominated, the agreement would be governed by the UCC
If the agreement is governed by the UCC the failure of the restoration work to
comply with the build sheet would be a breach of either express warranty or
warranty of merchantability.
If the agreement is governed by common law contract principles, the failure of the
Brooks to complete the restoration work in accordance with the build sheet is a
material breach of contract, entitling Janke to recover compensatory, consequential,
and punitive damages.
If the agreement is governed by the UCC the failure of Brooks to sufficiently
restore the car so that it would be entered and displayed in the Hot August Nights
classic car show in Reno, Nevada, in early August can be considered a breach
of the warranty of fitness for a particular purpose.
If the agreement is governed by the UCC Janke can successfully obtain an order
of specific performance directing Brooks to complete the restoration work properly
in compliance with the build sheet, because the Chevrolet is unique
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