Barry University: Digital Commons @ Barry Law

Steven Walt

English

Importing Uniform Sales Law Into Article 2

Henry Gabriel

Uniform Commercial Code Article Two Revisions: The View Of The Trenches

Ahmad, Nadia B

Energy for Metropolis

Rechtmann, Candace

One Child, Two Systems: State Statutory Interpretation in the Context of Special Immigration Status

O\u27Gorman, Daniel P.

Barry University School of Law 
Digital Commons @ Barry Law 
Faculty Scholarship 
Winter 2018 
Contract Law's Predominant Purpose Test and the Law-Fact 
Distinction 
Daniel P. O'Gorman 
Follow this and additional works at: https://lawpublications.barry.edu/facultyscholarship 
 Part of the Contracts Commons 
Florida State University Law Review 
Volume 45 Issue 2 Article 3 
Winter 2018 
Contract Law's Predominant-Purpose Test and the Law-Fact 
Distinction 
Daniel P. O'Gorman 
Barry University School of Law 
Follow this and additional works at: https://ir.law.fsu.edu/lr 
 Part of the Contracts Commons 
Recommended Citation 
Daniel P. O'Gorman, Contract Law's Predominant-Purpose Test and the Law-Fact Distinction, 45 Fla. St. U. 
L. Rev. 443 (2019) . 
https://ir.law.fsu.edu/lr/vol45/iss2/3 
This Article is brought to you for free and open access by Scholarship Repository. It has been accepted for 
inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more 
information, please contact efarrell@law.fsu.edu. 
   
   
  
              
     
         
           
       
           
           
            
         
       
         
              
              
             
 
          
           
          
            
              
            
        
             
            
           
              
              
              
           
             
              
             
              
              
                 
             
 
            
               
 
    
          
           
     
         
              
         
             
          
          
          
            
           
           
          
         
             
         
          
       
               
          
            
             
          
        
           
       
  
         
         
          
            
              
            
             
            
               
              
             
               
                
       
        
   
 
 
          
        
        
            
   
          
         
        
            
           
           
            
           
          
              
      
             
                 
              
            
           
               
              
                   
                 
               
              
                
               
                
               
              
                 
                  
            
               
      
           
            
            
                
          
               
                  
                
     
   
               
               
    
           
             
          
         
         
              
            
         
 
             
            
          
           
           
         
          
        
                
        
   
   
                
               
             
      
             
              
            
              
               
           
       
              
                
               
  
                
               
  
             
               
            
               
                
                
             
 
 
 
          
         
            
           
     
        
           
          
      
           
             
             
                   
            
 
            
                
               
             
              
             
               
              
           
             
              
              
                
            
    
               
             
                
              
                 
              
            
             
   
              
               
            
           
                
              
             
              
               
           
              
             
                
    
             
         
            
          
         
             
  
        
           
          
          
            
          
              
                
              
                
                
            
           
            
                
                
             
                
                 
                 
          
             
              
                 
         
              
             
               
            
              
             
                  
   
               
            
                
              
               
              
              
             
           
               
            
 
 
        
          
          
        
       
         
          
           
           
           
          
        
         
         
          
         
            
          
            
          
          
           
           
       
             
             
             
                
               
             
              
            
            
              
             
             
               
             
            
              
               
               
          
       
            
    
 
      
    
             
         
             
           
          
        
           
 
       
          
          
           
           
         
           
   
          
        
         
           
         
              
             
                
              
              
  
       
        
      
          
             
             
                
            
             
               
              
               
               
      
            
               
                
    
      
       
 
 
         
          
           
        
          
          
       
         
           
            
              
                   
               
               
   
             
            
              
            
           
              
               
                 
                
              
             
             
           
      
            
             
             
      
            
                  
                 
             
                
               
             
             
              
             
       
              
           
              
                
              
         
               
             
    
          
        
             
            
        
        
   
            
           
            
           
     
            
        
          
              
            
           
 
            
           
         
         
         
 
               
                
 
               
     
              
             
                
                 
   
               
               
                
           
                
               
               
               
              
             
 
 
           
       
          
           
    
        
             
       
       
           
        
   
          
           
             
             
        
            
         
        
         
          
               
                
               
  
           
            
                 
        
               
           
      
                
               
        
               
          
         
          
               
        
             
    
        
        
   
    
           
         
             
           
           
          
          
           
         
 
         
         
           
       
             
          
              
               
               
               
          
             
             
               
             
   
            
              
   
              
              
               
               
  
            
              
              
                
                 
       
              
              
               
     
   
            
               
 
 
         
          
          
           
         
             
            
        
            
               
          
         
           
        
            
         
      
            
            
         
      
        
         
             
        
 
                
                
                
                 
               
          
            
                  
         
               
             
          
              
             
           
           
            
           
              
  
    
          
           
           
        
          
             
       
           
         
             
          
            
           
           
 
       
             
            
             
           
           
           
           
         
            
             
           
             
        
         
                
      
      
                 
                
         
                
               
                  
             
                  
        
             
               
           
 
 
            
           
         
            
             
               
            
            
            
             
          
            
              
    
         
             
           
          
         
                
          
           
            
        
             
    
             
                
                 
                 
               
               
             
             
              
             
                  
                
                
    
               
            
       
             
                
              
             
    
          
        
        
           
        
           
          
            
          
          
       
         
              
        
           
        
           
           
         
          
         
           
           
        
      
          
          
         
         
         
           
            
            
            
         
  
              
       
        
      
               
     
          
 
 
           
          
          
           
             
        
         
         
           
         
            
        
          
        
         
      
          
         
           
           
            
      
           
         
           
           
       
            
             
               
               
               
               
               
                
             
   
                 
      
       
    
             
               
          
             
     
         
    
        
            
          
             
            
            
         
      
        
          
          
       
          
              
          
         
    
       
         
          
            
            
            
          
         
            
    
              
        
      
               
              
               
               
            
       
      
 
            
            
                 
             
                 
  
      
              
 
 
         
          
        
         
       
          
            
         
               
         
              
   
           
             
           
            
   
         
           
           
          
          
               
              
                    
                 
          
 
               
                
               
                 
                
              
               
            
             
                 
           
                 
              
               
             
             
               
   
       
      
    
          
          
 
           
             
              
           
            
           
           
         
         
          
             
          
         
   
            
           
           
         
         
        
         
           
         
         
             
 
          
      
           
            
   
      
          
      
        
   
   
 
 
           
       
            
            
           
           
        
           
            
           
          
          
          
        
            
             
             
     
      
        
           
           
              
       
              
           
          
           
         
       
   
             
             
                  
            
                 
             
      
              
              
           
             
     
   
    
           
         
         
          
           
        
         
         
            
    
            
           
           
         
        
            
            
           
           
    
         
         
           
            
          
             
             
           
             
          
         
          
        
               
     
              
              
                 
                
               
             
            
              
             
            
           
 
 
         
           
         
     
           
          
           
            
   
        
           
            
       
        
        
   
                  
            
              
              
           
                
               
             
            
                 
                
    
           
                
          
                
               
             
                
              
              
                 
               
              
                 
              
             
              
                
              
                
                  
       
    
          
           
         
           
         
       
         
           
             
     
          
             
              
   
          
              
           
            
               
          
    
       
        
                
       
 
         
          
               
       
           
              
          
            
          
         
            
           
            
      
        
          
 
 
             
          
             
           
           
      
       
     
        
            
        
         
        
        
         
         
          
            
         
  
         
         
         
          
           
          
        
            
          
     
             
          
          
             
          
        
             
           
            
   
      
    
         
    
          
          
          
           
             
           
           
          
          
       
         
          
         
           
          
       
          
            
            
            
             
          
           
         
             
  
      
           
        
          
         
            
         
        
      
          
         
           
          
           
 
 
     
         
       
           
            
          
          
 
           
        
       
   
       
         
         
          
         
           
           
 
     
        
           
           
           
          
         
           
         
          
         
         
    
   
                
             
             
        
    
        
           
          
        
         
          
       
          
           
           
            
          
           
        
           
          
             
         
         
         
            
        
             
          
         
   
       
          
                
        
           
        
           
           
             
            
            
       
           
       
 
 
          
          
            
         
       
           
        
        
        
            
            
          
       
        
         
          
       
           
          
            
        
          
        
          
         
            
           
        
        
       
             
       
            
          
           
          
         
           
         
 
     
              
 
   
    
          
 
            
        
          
            
            
        
           
          
            
         
          
           
       
       
         
            
          
            
    
         
         
            
         
          
       
          
       
    
         
         
       
   
   
                  
             
               
               
                 
  
        
 
 
         
         
         
          
        
      
        
            
          
          
          
         
         
          
          
          
           
         
    
         
         
          
             
         
         
            
            
        
       
          
        
   
        
   
 
           
        
           
           
            
              
         
             
         
    
          
           
         
            
          
          
            
         
            
           
         
             
         
         
  
      
          
        
           
       
          
           
       
 
        
         
          
          
            
                  
       
               
               
              
                
               
                
                  
              
                
               
               
             
                 
                
            
 
 
             
          
             
         
          
           
    
  
          
          
          
          
           
            
           
        
        
         
        
       
          
          
          
              
          
         
           
             
             
             
             
           
      
            
          
              
               
             
         
                  
                
                
         
    
           
           
         
       
          
           
           
         
            
        
          
          
          
          
             
          
             
         
        
        
          
            
           
           
              
            
          
        
            
           
           
            
          
    
           
           
            
         
          
         
 
 
            
          
          
            
           
            
           
        
           
        
        
  
 
        
               
          
            
            
           
          
      
               
             
    
              
          
     


Contract Law\u27s Predominant Purpose Test and the Law-Fact Distinction

Aschenbrenner, Kate

Eroding Immigration Exceptionalism: Administrative Law in the Supreme Court\u27s Immigration Jurisprudence

Traynor, Philip S.

Rethinking  Imminent Harm  as it Relates to Asian Carp in Lake Michigan and Other Invasive Species

Barry University

Not a member yet

Importing Uniform Sales Law Into Article 2

Uniform Commercial Code Article Two Revisions: The View Of The Trenches

Energy for Metropolis

One Child, Two Systems: State Statutory Interpretation in the Context of Special Immigration Status

Contract Law\u27s Predominant Purpose Test and the Law-Fact Distinction

Eroding Immigration Exceptionalism: Administrative Law in the Supreme Court\u27s Immigration Jurisprudence

Rethinking Imminent Harm as it Relates to Asian Carp in Lake Michigan and Other Invasive Species

The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers

Water is Life: The Native American Tribal Role in Protecting Natural Resources

The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers Appendix

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