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Simple English definitions for legal terms
predominant-aspect test
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A quick definition of predominant-aspect test:
A predominant-aspect test is a way to determine if a transaction falls under Article 2 of the UCC, which deals with the sale of goods. This test looks at the main aspect of the exchange and considers whether it is primarily the sale of goods or services. If goods make up most of the value, it is likely a sale, but if services are the main aspect, it probably is not. The Bonebrake v. Cox case is a leading example of this test.
A more thorough explanation:
The predominant-aspect test is a method used to determine whether Article 2 of the UCC applies to an exchange. It is also known as the predominant-purpose test.
This test involves assessing whether the exchange's main aspect, viewed in light of all the circumstances, is the sale of goods. If goods account for most of the exchange's value, it is likely a sale. If services account for most of the value, it probably is not.
For example, if a person buys a car from a dealership, the predominant aspect of the exchange is the sale of goods. However, if a person hires a plumber to fix a leaky faucet, the predominant aspect of the exchange is the provision of services.
The leading case for the predominant-aspect test is Bonebrake v. Cox, 499 F.2d 951, 960 (8th Cir. 1974).