If Mary sues the paint supply store, what law applies to the transaction, the U.C.C. or the common law of contracts?

a. Mary Castillo is an artist who is making quite a reputation for herself. She was asked to paint a portrait of the Secretary General of the United Nations. In preparation for the Secretary’s fi rst sitting, Mary purchased a number of oil paints to replenish her supply. She wanted to be sure she had everything she needed. During the fi rst sitting, the Secretary received a telephone call that required his immediate attendance at a session and ultimately his return to his native country. Since the Secretary was unavailable, the United Nations cancelled the contract. Mary wanted to be paid for the portrait. She invested time and money in the preparation for the job. What law would govern this transaction, the U.C.C. or the common law?

b. Assume the same facts from part a, but when Mary tested the paints many of the tubes were either dry or too thin. She could not paint with such sub-quality paint. Mary wants her money back, but the paint supply store refuses. If Mary sues the paint supply store, what law applies to the transaction, the U.C.C. or the common law of contracts? Explain your responses to both questions.

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