Question 2:

A small consulting firm entered into a contract with an office machine retailer to purchase a photocopier for $3,000. The contract included a service agreement. The consultants inquired into dropping the service agreement, but because that would lower the price by only $250, they decided to pay the $3,000. After using the copier for several months, it began to need a few service calls. The copier generally worked well, and the problems were minor, but there were problems with the service. Many times it would take a couple of days for a technician to arrive and take care of the problem. More frustrating was the fact that many of the problems required only minor adjustments. Other times parts were not available. The consultants read the provisions of the agreement relating to the servicing and concluded that there had been numerous breaches. In a dispute over the service, what body of contract law would be used to resolve this mixed sale contract case (common law of contracts or the Uniform Commercial Code). Be sure to identify and describe the requirements for the test that is used to make the determination of which body of law applies here, be sure to apply that test to come to your conclusion, and be sure to state your reasons for your conclusion.