Beyond the Arc (4/5): Common, Common Law, and the U.C.C.
- Tommy Sangchompuphen
- 24 hours ago
- 2 min read
Updated: 2 minutes ago
"Beyond the Arc" chronicles my recent trip to the 2025 WNBA All-Star Weekend (July 18-19) in Indianapolis. This five-part series blends the excitement of All-Star Weekend and the celebration of women’s basketball with practical bar exam tips, advice, and strategies. Because if there’s one thing I’ve learned, it's that there are bar exam lessons everywhere. From fan experiences to game-day energy, each post offers quick takeaways to keep you motivated and focused on your bar prep journey.
Let’s just say I wasn’t expecting a brush with Common while walking through downtown Indy.
No, I’m not talking about common law—though don’t worry, we’ll get there. I mean the Grammy- and Oscar-winning artist, actor, and activist Common, who I happened to see casually walking into a downtown Indianapolis hotel while I was exploring the city during WNBA All-Star Weekend 2025.
There he was: calm, cool, and unmistakably Common. I did a double take. He blended in effortlessly that I almost did not see him. It was one of those blink-and-you-miss-it celebrity sightings.
But that wouldn’t be the last time he turned heads during the weekend. Later that day, he reappeared in a much more high-profile setting: courtside at the WNBA All-Star Game sitting next to Jennifer Hudson.
And naturally—because I can’t not think about bar prep—I thought:
“Common … Common Law … This needs to be a blog post!”
So here we are.
From Bars to Bar Exam: Why the “Common” Matters
In Contracts, one of the earliest and most important distinctions you’ll face—whether in law school or on the bar exam—is whether the contract is governed by common law or by Article 2 of the Uniform Commercial Code.
Your entire analysis depends on where you start. If you apply the wrong set of rules, your whole essay or MBE analysis can collapse like a poorly constructed crosscourt pass.
So let’s run the comparison—Common-style. Smooth. Straightforward. But deep.
Here's a chart that offers a streamlined breakdown of how contract rules diverge depending on whether you're dealing with services (common law) or goods (U.C.C. Article 2).
Bar Tip: Ask the Right Question First
Before you start any contracts analysis, always ask:
Is this contract governed by the common law or the U.C.C.?
If it’s a contract for goods (think cars, clothes, books, and other other tangible movable personal property): You’re in U.C.C. territory.
If it’s for services, land, or employment: It’s governed by common law.
If it’s a mix of both? Use the predominant purpose test. What was the main point of the deal?
Knowing which law applies is the first step in applying the right rules. Don’t skip it.
