Due to unforeseen problems largely attributable to system configuration and software incompatibility, the project required more time than anticipated By the end of the summer the Web site was still not ready, and Holcomb had fallen benind in his payments to TCG. TOG threatened to cease work and file a suit for breach of contract unless the bill was paid. Rather than make further payments Halcomb wanted to abandon the Web site project. Using the information presented in the chapter answer the following questions.

1. Would a court be likely to decide that the transaction between Holcomb and TCG was covered by the Uniform Commercial Code (UCC)? Why or wtay not?

2. Would a court be likely to consider Holcomb a merchant under the UCC? Why or why not?

3. Did the parties have a valid contractunder the UCC? Were any terms left open in the contract? If so, which terms? How would a court deal with open terms?

4. Suppose that Holcomb and TCG meet in October in an attempt to resolve their problems. At that time, the parties reach an oral agreement that TCG will continue to work without demanding full payment of the past due amounts and Holcomb will pay TCG $5.000 per week. Assuming the contract falls under the UCC, is the oral agreement enforceable? Why or why not?