La Vergne, TN asked in Consumer Law, Contracts and Business Law for Tennessee

Q: From an attorney's perspective, how would a company prevent a lawsuit like the one in Pittsley v. Houser from occurring?

Question: Should the Uniform Commercial Code be applied in a case where installation was defective but the goods are not?

Facts:

1) Pittsley contracted with Hilton Contract Carpet Co. for carpet installation for $4,402; $3,500 for the carpet and $902 for installation.

2) Pittsley was not satisfied with the work, even after repair, and sought rescission of the contract, return of the money, and incidental damages.

3) Pittsley argued: the transaction was governed by Idaho Uniform Commercial Code.

4) Hilton argued: there are no defects in goods, merely installation.

Holding: The Uniform Commercial Code is applicable.

Analysis:

• The question is whether the UCC applies. The UCC only governs the transactions involving the sale of goods, but not services. Therefore, if the transaction is considered a sale of goods the UCC applies, and if it is considered a sale of services the UCC does not apply.

• The transaction in question was a hybrid, involving both goods and a service.

1 Lawyer Answer
Paul E. Tennison
Paul E. Tennison
Answered
  • Brentwood, TN
  • Licensed in Tennessee

A: This is a very specific, fact intensive question. You should discuss with an experienced business attorney. I recommend you schedule a consultation to discuss this in greater detail.

Notably, your question seems to be one of how an Idaho case applies in Tennessee. That would be unclear without doing additional research on how Tennessee courts have handled similar cases. Good luck!

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