#GRAVEN DEFINITION INSTALL#

To many, it seems that the provider of service in a primarily service-related contract should have nothing to do with a product warranty on equipment installed during the service.

The courts in many jurisdictions use the Predominant Purpose Test, which may cause some confusion among would-be plaintiffs, who only want to hold the responsible party to its promise to provide quality goods or services. In Luke’s example above, the gravamen, or primary issue, of the case has to do with a defective good, as he found no fault in the service or installation. Gravamen Test – this looks, not at the purpose of the contract as a whole, but to whether the disputed issues of the case relate to faulty service, or defective goods.The goods that were bought and installed are secondary. In Luke’s example above, his contract was primarily for the service of installing a swimming pool. Predominant Purpose Test – this seeks to determine whether the original contract was primarily for goods, or primarily for services.There are two ways in which a court can determine whether a contract complaint is governed by the U.C.C.

This contract is mixed, containing elements of both service (pool and equipment installation), and sale of goods, which are the equipment actually installed, which were part of the total price charged. He enters into a contract with a pool installer, and after the project is complete, Luke discovers the diving board is faulty.

#GRAVEN DEFINITION INSTALL#

As an example, gravamen would be an important issue, should Luke decide to install a swimming pool in his backyard.

Graven definition