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MisconceptionObserved in bank

Any Services Means Common Law

This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”

Subject distribution

  • Contracts1

Example wrong choices

  • 17026_manger_prop_bundles · CONTRACTS · Choice ANo, because the court must use a default gap-filler whenever the writing fails to define a phrase.

    Why it's attractive

    A student sees an undefined phrase and reaches for a default gap-filler. The breaker is that UCC agreement-source evidence comes before defaults.

    Why it's wrong

    This choice reverses the source order by jumping to default gap-fillers before available agreement-source evidence.

    Spot it next time

    Ask whether agreement-source evidence exists before defaults.

  • 17026_manger_prop_bundles · CONTRACTS · Choice BNo, because the painting and assembly lesson make the entire transaction a services contract.

    Why it's attractive

    A student sees painting and an assembly lesson and switches into a services-contract frame. The breaker is that the goods predominate and the services are attached.

    Why it's wrong

    This choice overexpands incidental services into a whole-contract services frame.

    Spot it next time

    Compare the main object and price allocation against the attached services.

  • 17026_manger_prop_bundles · CONTRACTS · Choice DNo, because general toy-theater trade usage automatically controls over the parties’ prior course of dealing.

    Why it's attractive

    A student sees industry testimony and treats general trade usage as the strongest commercial source. The breaker is that same-party course of dealing does not automatically lose to general trade usage.

    Why it's wrong

    This choice reverses the hierarchy by making general trade usage automatically control over prior course of dealing.

    Spot it next time

    Rank private course of dealing before general usage of trade when the two cannot reasonably fit together.

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Practice questions using this trap →
Any Services Means Common Law — Trap Taxonomy | BarMatrix