Flavio is a hair stylist and legend in his own mind. He has styled some minor celebrities, like Charli D'Amelio and the Kambucha Girl, and is looking to cash in on his semi-fame. Flavio decides the best way to make money is to open a beauty school. He calls 12 of his former assistants and they each agree on the phone to pay Flavio $2,000 for an 8 week course, beginning Oct. 1. Flavio's course is designed to teach his students various, avant garde hair cutting techniques. Additionally, each student is to receive a pair of scissors, a smock, a set of combs and electric trimmers, all of which is worth approximately $600. However, before classes begin, Flavio suffers a disaster when he is called out for giving actor Timothee Chalamet a terrible haircut, for which he is roundly criticized on Instagram. One of Flavio's students calls to say that she will now not enroll in his course and will not pay the agreed upon price. Flavio is furious and demands payment on their contract. The student claims that, even if there was a contract between them, there was nothing in writing and the UCC requires contracts for the sale of goods in excess of $500 to be in writing. If this case gets to court, what law will the court apply to the dispute, the common law of contracts, or Article 2 of the UCC? How will a court determine that issue - what test will it use and what are the factors which the court will consider? (Hint: check out the Fallsview Glatt Kosher Caterers v. Rosenfeld case) Flavio is a hair stylist and legend in his own mind. He has styled some minor celebrities, like Charli D'Amelio and the Kambucha Girl, and is looking to cash in on his semi-fame. Flavio decides the best way to make money is to open a beauty school. He calls 12 of his former assistants and they each agree on the phone to pay Flavio $2,000 for an 8 week course, beginning Oct. 1. Flavio's course is designed to teach his students various, avant garde hair cutting techniques. Additionally, each student is to receive a pair of scissors, a smock, a set of combs and electric trimmers, all of which is worth approximately $600. However, before classes begin, Flavio suffers a disaster when he is called out for giving actor Timothee Chalamet a terrible haircut, for which he is roundly criticized on Instagram. One of Flavio's students calls to say that she will now not enroll in his course and will not pay the agreed upon price. Flavio is furious and demands payment on their contract. The student claims that, even if there was a contract between them, there was nothing in writing and the UCC requires contracts for the sale of goods in excess of $500 to be in writing. If this case gets to court, what law will the court apply to the dispute, the common law of contracts, or Article 2 of the UCC? How will a court determine that issue - what test will it use and what are the factors which the court will consider? (Hint: check out the Fallsview Glatt Kosher Caterers v. Rosenfeld case)
