Electricity: Good or service?

One of the most common UCC-coverage hypotheticals is whether electricity is a “good” or a “service.”  The good folks at Morrison & Foerster LLP have weighed in on the issue in a new unsigned client piece, Electricity: A “Good” under the UCC. Should be a Simple Question — Right?

Their conclusion?  It depends.  The piece has a nice review of the most recent cases on the subject and advises clients to deal with the issue by making sure to include an appropriate choice of law provision.