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In deciding just what constitutes a commercial unit, the pricing metric is often quite relevant and helpful. For instance, if goods are to be sold by some unit of measurement, such as weight, it is highly likely that each unit of weight is a distinct commercial unit. [2 Anderson U.C.C. § 2-105:15 (3d. ed.), Westlaw (database updated Dec. 2020).] b. Market Practices and Commercial Units If items are normally packaged and sold or used as a group or aggregate, then the group or aggregate may be a commercial unit. Of course, one must be careful not to carry this line of thought too far. Just because items may conceivably be used together does not mean that, together, they constitute a commercial unit. [2 Anderson U.C.C. §§ 2-105:16, 2-105:17 (3d. ed.), Westlaw (database updated Dec. 2020).]
c. Examples of Items Deemed to Be Commercial Units Examples of items deemed to be commercial units include:
a pound of goods, when the parties priced the goods per pound; a truckload of potatoes, when potatoes were customarily dealt with by the truckload; a truck consisting of a cab, body, and chassis; a carton of chickens; and each cattle, in a contract for the sale of multiple cattle.
[ See 2 Anderson U.C.C. § 2-105:18 (3d. ed.), Westlaw (database updated Dec. 2020).]
10. Goods and Conduct Conforming to the Contract Goods conform to the contract if they accord with all contractual obligations. That is, the goods must satisfy the contract’s requirements in every detail, however minute. For instance, if the contract describes the goods, then the goods must conform to that description. For another example, if the contract requires that certain documents accompany the goods ( e.g. , a registration certification), then the goods are nonconforming if the documents do not accompany them. Similarly, a party’s conduct conforms to the contract if it aligns with all contractual obligations. [U.C.C. § 2-106(2) (1951); 2 Anderson U.C.C. §§ 2-106:33, 2-106:40 (3d. ed.), Westlaw (database updated Dec. 2020).] 11. Termination In Article 2, termination occurs if one party ends the contract (1) utilizing a power arising from agreement and (2) for a reason other than breach of the contract. Thus, if a contract merely expires by its own terms, there is no termination as Article 2 defines it. Upon termination, any executory (material unperformed) obligations on both sides are discharged. But if any party
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