Chef Jacquie is scheduled to teach a cooking class to three students. The class tuition is $1,100 per student. In the class each student cooks a French meal under Jacquie's expert supervision, and receives a cookbook (worth $30) and a cooking pan (worth $150). Tory, one of the students, tells Jacquie the day before the class that she will be unable to attend and requests a refund. Jacquie denies the refund and Tory sues. Tory claims that the UCC should govern the contract, and Jacquie argues that it should be covered by the common law. Who is right?