What is sellers argument purchase was not a sale of goods

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Assignment:

Seller is a software company that has a professional suite of software for law office operations. Purchasers can either get the software mailed to them on CDs for $1,099, or can download the software from the Web for $999. Lawyer downloads the Web-based software and pays the money. Unfortunately, the software has a defect that causes Lawyer's entire system to crash, causing serious damage and losses to his law practice. Lawyer wants to sue Seller.

In particular, Lawyer wants to argue that his software purchase is an Article 2 transaction because Article 2 provides better implied warranties (see UCC section 2-314 as an example) than does the common law. What is Lawyer's argument that the software purchase was a sale of "goods" for purposes of UCC Article 2? What is Seller's argument that the purchase was not a sale of goods? Be sure to use UCC § 2-105(1) in both sides' arguments.

Reference no: EM133244194

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