...1. Some of the differences between the UCC laws and traditional law of contracts are as follow: --The UCC does not control the contracts between companies and the traditional law does, UCC only controls the sale of goods. The traditional laws are standards that have been set different types of judges over the years that have been formed into a law. UCC laws and regulation are not set by judges if not by the government in which many of the states are starting to adopt. They are different in the aspect that when a lawsuit is brought in front of a judge or court they have to determine which law to apply to the case. Common law refers to many different type of laws that have been set and UCC only refers to one of them and that is the sale of goods. 2. Unconscionability = This describes a term that is used in contracts which provides and enforcement to make sure that term in the contract are followed correctly. There will be an enforcement of the contract to make sure that one party is not favored when making the contract. Example would be a seller of a good such as food, shelter, offers a contract between both parties. Promissory Estoppel = This is where a person is denying, or not wanting to understand or approve of a certain law. A good example would be a mother and a daughter the mother advises her that if she passes away the inherence will be hers. The mother passes but never changes her will to add the daughter, but the daughter believes she has the right...
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...The U.C.C. is the longest and most elaborate of the uniform acts. It has been a long-term, joint project of the National Conference of Commissioners on Uniform State Laws (NCCUSL) and the American Law Institute (ALI). Judge Herbert F. Goodrich was the Chairman of the Editorial Board of the original 1952 edition [1], and the Code itself was drafted by some of the top legal scholars in the United States. The Code, as the product of private organizations, is not itself the law, but only recommendation of the laws that should be adopted in the states. Once enacted in a state by the state's legislature, it becomes true law and is codified into the state’s code of statutes. When the Code is adopted by a state, it may be adopted verbatim as written by ALI/NCCUSL, or may be adopted with specific changes deemed necessary by the state legislature. Unless such changes are minor, they can affect the purpose of the Code in promoting uniformity of law among the various states. The ALI/NCCUSL have also established a permanent editorial board for the Code. This board has issued a number of official comments and other published papers concerning the Code. Although these commentaries do not have the force of law, courts interpreting the Code often cite them as persuasive authority in determining the effect of one or more provisions. Courts interpreting the Code generally seek to harmonize their interpretations with those of other states that have adopted the same or a similar provision, except...
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...Environment of Business LLAW-110 Dr. Tareq Tawil Assignment #1: Comparison: CISG vs. UCC Horeya El Bakry SSN: 1499 Introduction Article 2 of the Uniform Commercial Code (UCC) and the Contracts for the International Sale of Goods (CISG) both talk about the offers of products, and a few progressions they affected in that division. These two understandings not being laws, here and there they can have disagreements with national laws of a particular nation in regards to exchanging, and possibly not disagreement but rather simply a few distinctions. For instance when the UCC was initially dispatched in the United States of America in all its 50 expresses (1952), all the states acknowledged the progressions that would accompany UCC in regards to exchanging laws between these states aside from the condition of Louisiana, as the Civil law of the state was negating with the regular law. CISG was dispatched in 1980 amid a United Nations gathering in Vienna, and it was settled upon by specialists that if worldwide exchanging laws between nations would change to what the CISG brought to the table, this would spare awesome expenses and troubles that go about as hindrances in front of universal exchanging, and more than 80 nations today apply the terms settled upon in the CISG. Differences between UCC and CISG One of the differences in the middle of UCC and CISG is the territory of purview. UCC is an interstate law, applies to the greater part of the states in the USA with the exception...
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...“Ley de Transacciones Electrónicas” Ley Núm. 148 de 8 de Agosto de 2006, según enmendada (Contiene enmiendas incorporadas por las siguientes leyes: Ley Núm. 155 de 25 de Octubre de 2010) Para adoptar la Ley de Transacciones Electrónicas a los fines de reglamentar las transacciones electrónicas; establecer su aplicabilidad; y para otros fines. EXPOSICION DE MOTIVOS Los grandes adelantos en la tecnología informática y el vertiginoso crecimiento de dicha tecnología en el ámbito comercial, han facilitado que nuestros ciudadanos puedan realizar por vía electrónica todo tipo de transacciones comerciales. Transacciones que apenas unos pocos años atrás hubieran demorado días o semanas ahora podrían ser realizadas de forma fácil e instantánea. El comercio electrónico ha trascendido, además, las fronteras estatales e internacionales, contribuyendo a fomentar la globalización, insertando a nuestra Isla en los mercados comerciales a nivel del mundo. Ante estos desarrollos, resulta de gran importancia que nuestro Gobierno promulgue legislación que proteja y fomente el desarrollo de esta importante vía tecnológica para fines comerciales, pero que además contenga controles suficientes para prevenir el fraude y los abusos potenciales al sistema. El mecanismo que el Gobierno seleccione para cumplir con estos propósitos tiene que guiarse por los principios rectores de apertura y flexibilidad al comercio en general y en específico al comercio cibernético, adoptando medidas de cumplimiento...
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...Uniform Commercial Code (UCC) Legislative History On September 21, 1957 Massachusetts adopted the Uniform, Commercial Code. Effective October 1, 1958, the Code replaced the Uniform Sales Act, the Negotiable Instruments Law, the Uniform Warehouse Receipts Act, the Uniform Bills of Lading Act, the Uniform Stock Transfer Act, the Uniform Trust Receipts Act, and numerous other statutes. Massachusetts thus became the second state to enact the Code, following the lead of Pennsylvania, where the Code, enacted in April 1953, took effect on July 1, 1954. In March 1958 the Code was enacted in Kentucky, effective July 1, 1960. Proposals to enact the Code will undoubtedly come before legislatures in other states in the course of the next few years, and it seems likely that several other states will join the procession at their 1959 sessions (Braucher, 1958). The Uniform Commercial Code (UCC or the Code), first published in 1952, is one of a number of uniform acts that have been promulgated in conjunction with efforts to harmonize the law of sales and other commercial transactions in all 50 states within the United States of America. The Uniform Commercial Code, or UCC, is a very large collection of legal rules regarding many important business, or “commercial,” activities. The UCC originally was created by two national nongovernmental legal organizations: the National Conference of Commissioners on Uniform State Laws (NCCUSL) and the American Law Institute (ALI) (Steingold, 2013). As...
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...Robyn Spelts American InterContinental University BUSN150 Assignment 4 UCC v. UCITA * Before the UCC and the UCITA, what was one of the first, and most significant, of the U.S. government's attempts to promote uniformity in commercial laws from state to state? (Hint: think of commerce and Constitution.) The "Commerce Clause" of the U.S. Constitution was one of the first acts of U.S. government in regulating commerce. It supplies Congress with the sanction to regulate not only business, but any interaction conducted between organizations situated in different States (Gibbons v. Ogden (1824)). This authority encompasses all areas of interstate commerce (radio, telephone, waterways, highways). This also incorporates intrastate handling that has a collective and significant influence on interstate trade (employment, agricultural, and housing prejudice). * Based on the information presented above, what do you see as the major differences between Article 2 of the Uniform Commercial Code and UCITA? Article 2 of the UCC is designed to expedite the sale, consignment and distribution of tangible products. A tangible product is one in which you can touch or feel (Robyn Spelts. June 24, 2011). The purpose of Article 2 is to bring sales law closer to the needs and practices of businessmen. The UCITA is anticipated to simplify the authorizing of intangible computer-related property, with a prominence on allowing proprietors of software the capability to preserve domination...
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...Name Kaplan University PA130: Unit 9 Assignment Date The Uniform Commercial Code (UCC) is a set of regulations that is used to standardize sales and transactions in the United States. The UCC is not law, but more of a collection of statutes that can vary from state to state. Article 2 of the UCC is a model statute that has been adopted by every state, except Louisiana, and is used resolve disputes regarding the sale of goods. Goods covered by the UCC are defined as any item that is identifiable and movable at the time of sale. Spagnola, L. (2006). Goods that are covered by Article 2 may include furniture, electronics, or vehicles. Article 2 does not include transactions involving service contracts or the sale of real estate. The UCC applies if the contract concerns a sale of goods in a commercial setting. Examples of when the UCC applies include when a fruit vendor buys apples from an apple dealer, when a buyer purchases a radio from an electronic store, and when a buyer purchases furniture from a furniture store. Article 2 of the UCC also includes a Statute of Frauds rule, which states that any contract for the sale of goods that exceeds $5000 must have a sufficient record to indicate that a contract for sale has been made. (§ 2-201). Should a record incorrectly state a term agreed upon by the parties, it is still sufficient; however, it is not enforceable beyond the amount of goods stated in the record. In accordance with § 2-209, should a signed contract...
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...Attorney A. J. Mitchell BUSN-420-61326 Business Law Hazel G. Sturdebant OUTLINE PAPER TITLE: the common law tradition and sources of law I. THESIS STATEMENT: A. Common law is a legal system that is largely formed by the decisions previously made by courts and not imposed by legislatures or other government officials. The reasoning used to interpret this type of law is known as casuistry, or case-based reasoning. It is a strict, principle-based reasoning that uses the circumstances of a case to evaluate the laws that are applicable. Decisions that were made about similar cases are valuable, and the case in question is evaluated on the basis of past cases. The strength of the similarity among the cases, in turn, strengthens the reasoning based on them. B. The term "common law" also underlines the fact that this type of law did not originate from equity, maritime and other special branches of law. Statutes serve as brief explanations of law and therefore are not very explanatory. Codification is the process by which a statue is passed, expressed within a single document, so that it is understood within existing law rather than creating the need for new laws. C. The common-law system prevails in England, the United States, and other countries colonized by England. The common-law system is used in all the states of the United States except Louisiana, where French Civil Law...
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...Libertarianism is a set of related political philosophy that uphold liberty as the highest political end. This includes emphasis on the primacy of individual liberty, political freedom, and voluntary association. Libertarianism directly opposes authoritarianism. Libertarianism is the moral view that agents initially fully own themselves and have certain moral powers to acquire property rights in external things (Stanford encyclopedia of philosophy). Libertarianism is sometimes identified with the principle that each agent has a right to maximum equal empirical negative liberty, where empirical negative liberty is the absence of forcible interference from other agents when attempts to do things. In a sense, Libertarianism is sometimes has to do with or equivalent to self-ownership. This is to say that, the Libertarian approach entrusts absolute freedom to individuals to embark on whatever activity they so wish be it joining association; politically, socially, academically just to mention few regardless of any moral view or perception that exists. Here, the individual is somehow his own boss and does things that pleases him. This research puts to bear the relevancy of the libertarian approach pertaining to the indecent dressing of the female students of the University of Cape Coast. Imaging not having control over anything you do and living your life as other people want you to live it. With viewing life from the Libertarian philosophy, libertarians will argue that each person...
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...Compare and contrast UCC contracts and common law contracts. UCC contracts and common law contracts are both governed by contract law. In other words, any contract that is written up has to follow the rules and regulations of contract law in all fifty States of America. Common law contracts are dictated by any changes in the contract. For instance, a change in a common law contract is seen as a rejection or a counter offer. When this happens it causes the offeree to change to the offeror and vice versa. Most importantly in order for a common law contract to be valid it has to have description, quantity, time, nature of the work or service, and an offer. UCC the Unified commercial code contract are still bonded if any change occurs. A binding contract will depend on the circumstances to the person that accepts the contract and to the person who drew up and wrote the contract and how much deviation to the contract. Also, a common law contract requires a consideration to keep a contract open but a UCC contract do not have too. Greg’s Part There are a few distinct differences between common law and UCC contracts. Common law contracts relate to transactions with real estate, services, intangible assets, and employment. UCC covers transactions with goods and tangible objects. Under common law, when the contract is has a change, it is a rejection and becomes a counter offer. With the UCC, even if there has been a change, it still may be a binding contract. There...
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...Create a flowchart of the three branches of government and associate two (2) Uniform Commercial Code (UCC) clauses for each branch of government. Designate the relationships among the governmental branches. In an accompanying document, exemplify the types of powers of each branch of government and include these items: • Taxing and spending powers • Limits on both federal and state governmental actions • Due process • Equal protection In a three to four (3-4) page flowchart, include the following: 1. Organize all three (3) branches of government in a flowchart format. 2. Designate two (2) UCC clauses that align with each branch. 3. Illustrate the interactivity among the branches of government in the flowchart. 4. In a separate document, exemplify the types of powers of each branch of government. Your assignment must follow these formatting requirements: • Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; references must follow APA or school-specific format. Check with your professor for any additional instructions. • Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required page length. The specific course learning outcomes associated with this assignment are: • Explain the functions of law, the nature of crimes and torts, and the structure of the U.S. legal system...
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...The responsibility placed on the UCC for instigating the Newark Riots overlooks the decades of civil unrest and tensions between African-Americans and the government. It is clear the UCC was present at the Newark Riots, as it was present and stood in solidarity in many events across Newark at the time. Yet, their presence at these events raised red flags against them since these are ways of challenging the government. Although the reasons for contesting the government are justifiable, on the other hand, the government feared its citizens would view them as illegitimate. As a result, the government, specifically the Newark City Council, used the presence of members of organizations like the UCC to attack the organization for its alleged involvement in...
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...better understanding of ethics we can now discuss the issue at hand. While some people may view the actions of Union Carbide Corporation down right unethical and a burden to society others have a different stance on the issue. I believe the Union Carbide Corporation conducted their business in an ethical manner for the most part. UCC knowingly went in on a business deal with UCIL to produce a pesticide call Sevin. After the business was formalized and some time passed, UCIL wanted to cut costs by producing the Methyl Isocyanate at the plant located in India. While the building was suitable to create the pesticide through purchasing and importing the finished chemicals it wasn’t equipped to create them. Also, the building itself wasn’t located in an area that would be safe to produce Methyl Isocyanate. When UCIL started producing Methyl Isocyanate, UCIL as well as the Indian government, ignored the safety standards for subsidiaries set forth by Union Carbide Corporation. On December 2, 1984 an explosion occurred resulting in a cloud of gas that killed roughly 3,000 and injured thousands of others. After all the chaos started to settle, UCC claimed they were not held responsible for the disaster...
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...Finally, provide additional facts to your scenario that will show how the Statute of Frauds and Parole Evidence Rule under UCC Article 2 can come into play. Article 2 of the UCC governs sales contracts, or contracts for the sale of goods. The rule is that when a UCC provision addresses a certain issue, the UCC governs; when the UCC is silent, the common law governs. Sales contracts are not governed exclusively by Article 2 of the UCC but are also governed by general contract law whenever it is relevant and has not been modified by the UCC. A sales contract is a contract for the sale of goods under which the ownership of goods is transferred from a seller to a buyer for a price. Article 2 deals with sale of goods; it does not deal with real property such as real estate, services, or intangible property such as stocks and bonds. If a dispute involves real estate or services, the common law applies. In some situations, the rules under the UCC can vary quite a bit, depending on whether the buyer or the seller is a merchant. A sale is the passing of title to property from the seller to the buyer for a price. To be characterized as a good, the item of property must be tangible, and it must be moveable. Tangible property has physical existence; it can be touched or seen. Intangible property is such as corporate stocks and bonds, patents and copyrights, and ordinary contract rights, has only conceptual existence and thus does not come under Article 2. A moveable item can be carried...
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...modern law of sales. In the United States, sales law varied from state to state, and this made multistate sales contracts difficult. In the late nineteenth century, when multistate contracts became the norm, the difficulties became especially troublesome, and attempts were made to produce a uniform body of law relating to commercial transactions. In the 1940s the need to integrate the laws covering commercial transactions into a single, comprehensive body of statutory law was recognized. The UCC was developed to serve that purpose. B. Structure (Articles) and Road Map C. Minnesota Application, MSA Chapter 336 D. Scope and Applicability of Article 2 Article 2 applies to transactions in goods, including all contracts involving the sale (and under 2A, leases) of goods Goods = all things movable at the time they are identified to the contracts (UCC 2-105(1)) Article 2 applies to transactions in goods, including all contracts involving the sale (and under 2A, leases) of goods The UCC applies to leases of goods under Article 2A, covering any transaction that creates a lease...
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