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Mixed Sale CASE: Gilliam Aluminum Products, Inc. sold and installed an aluminum awning to Weaver to be used as a carport. There was no written
Mixed Sale
CASE: Gilliam Aluminum Products, Inc. sold and installed an aluminum awning to Weaver to be used as a carport. There was no written contract, only a bill of sale which implies offer acceptance consideration. A few days after installation, the awning began to leak. Three months later, the awning gave way in a heavy snowfall and collapsed on Weaver's car damaging it Weaver sued Gilliam for the $ initially paid for the awning as well as damages to his car.
Should the contract be decided under the UCC or common law? Explain why. What factors will the court consider when making this determination?
Will Weaver recover damages to his car from Gilliam? Why or why not?
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