...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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...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 Uniform Commercial Code (UCC) is a "code" or a "collection of statutes." This is the type of law that may be adopted by all U.S. legislatures, including the U.S. Congress, the Virginia General Assembly, other state legislatures, and even a county board of supervisors. Codes are intended by the legislature to create new law in the targeted subject areas. The other source of law is "case law" or "common law." For centuries, courts have been in the business of resolving disputes. The "Uniform Commercial Code" is a model. It is not law in any state unless and until a state legislature adopts it as the law of that state. Any state can decide not to adopt the UCC or can decide to make revisions to the code that satisfies that state’s particular heritage or commercial needs. Also, each state’s court system can reach different results when interpreting the code provisions. Accordingly, the UCC is not entirely uniform in all 50 states and despite this the UCC has facilitated much greater uniformity of commercial laws. The Uniform Commercial Code Article 2 on the Sale of Goods is basically a codification of existing commercial law. The UCC drafters tried to write down the generally understood business practices between merchants for the sale of goods. The UCC "fills in the gaps.” Types of contracts covered by the UCC The UCC concerns a wide variety of commercial issues, including: the sale of goods; the lease of goods; banking and security interests such as commercial paper negotiable...
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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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...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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...UCC and UCITA Act Tawanna Morant American Intercontinental University 05/20/2012 Abstract This essay will discuss what the UCC and UCITA acts are, and the reasons why the acts were created. Discuss the differences between the Article 2 of the UCC and the UCITA. Determine the distinction between selling a product and licensing that product legally. Discuss the reasoning for drafters to propose a separate and distinct uniform act. UCC and UCITA Act UCC stands for Uniform Commercial Code, and that is a code that addresses the majority of aspects of commercial law. (No Author, 2011) UCITA stands for Uniform Computer Information Transactions Act, and that code is to regulate transactions in computer information products. But before the UCC and the UCITA act there was the Interstate Commerce Act of 1887. The act was put in place to normalize railroads that saturated the states boundaries. (U.S. News, 2012) Even though each one of the acts are different and provide different provisions, they all have something in common, they all create a better way to provide uniformity in commercial law between states. The Uniform Computer Information Transaction (UCITA) act started out as an amendment to article 2 of the Uniform Commercial Code (UCC), but there were so many disagreements with the amendment, that it was decided to rename it the UCITA and to keep it moving as a separate act, and it was approved in February 2000. (Andersen, Raymakers, & Reichenthal, 2001) ...
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...of the UCC The Uniform Commercial Code (UCC) is a model statute that has been adopted by every state in the United States in its entirety (except for Louisiana) (http://www.legalmatch.com/law-library/article/uniform-commercial-code-lawyers.html). The UCC is most often used to resolve contract disputes for the sale of goods (http://www.legalmatch.com/law-library/article/uniform-commercial-code-lawyers.html). When a sale of goods dispute arises, the UCC is the body of law that governs, however, a sale of goods dispute is governed only by Article 2 of the UCC and every other article in the UCC governs a different type of transaction (http://www.legalmatch.com/law-library/article/uniform-commercial-code-lawyers.html). Something is a sale if the ownership of the goods is passed from a seller to a buyer for a price (http://www.legalmatch.com/law-library/article/uniform-commercial-code-lawyers.html). Getting a loan from the bank is not a sale because noting in fact passes from seller to buyer (http://www.legalmatch.com/law-library/article/uniform-commercial-code-lawyers.html). Something is a good if the item is tangible and movable, so selling the rights to a trademark is not a sale of goods because the trademark is not tangible (http://www.legalmatch.com/law-library/article/uniform-commercial-code-lawyers.html). The sale of your home is also not a sale of goods because the home is not movable (http://www.legalmatch.com/law-library/article/uniform-commercial-code-lawyers...
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...they did they factory I also will research the common law and the (UCC). The common law or the Uniform Commercial Code (UCC) Are the two things that the United States wanted. The Uniform commercial code was taken effect in the 50 states to harmonize all of the states. The people had a lot of different ideas of these two laws. The common law works with real states, many service, insurance etc. when it come to the Uniform Commercial Code (UCC) the main concern was the security and the sales. If they wanted to change the common law or make arrangement they will get rejected because of the impact that this can bring to the company, but in the other has if they decide to change the uniform commercial code it don’t have no impact in the company. When the common law don’t aloud them to revoke the option of the agreement, by the person that is offering firm they cant change it they are made with the (UCC). The common law only can be modified with additional consideration, but the uniform commercial code doesn’t have any effect in this matter. When we look at the law for the different between the Common Law and UCC. When we talk about the common law we mean the ‘’ include quantity, price, performance time, nature of work and identity of offer’’. When we talk about the uniform commercial dose is the amount that they are need it .the common law is Statute of Limitation is four to six years the uniform commercial code will be four year. In the agreement of common law is left alone...
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...the company could fill such display orders, and a price per display was agreed upon. It was discussed that most of the cost for a fireworks display is for skilled labor, insurance, and the actual service of setting off the fireworks. No other details were discussed. The owner is anticipating that new employees will need to be hired, but he is worried that if the large orders for fireworks displays do not continue, the company will not have the funds to pay the new employees. The owner is now considering changing the business entity, but he does not know what entity to form or how to form it. The owner has asked me to do the following: * Determine if the contracts with the businesses will be governed by common law or the Uniform Commercial Code (UCC), and explain why. * Analyze whether the owner formed a contract with the businesses, and apply the five essential elements of an enforceable contract. * Explain the...
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... Class: PROC 5890-Government Procurement Law Date: July 16, 2014 Instructor: The purpose of this paper is to focus on the legal aspects of procurement management and how procurement management plays a significant role in the success and management of a project. The topics that will be covered include the following: basics of common contract laws, cases involving procurement management decision, Federal Acquisition Regulation (FAR) regarding procurement management, Uniform Commercial Code (UCC) regarding procurement management, Statement of work (SOW), and project manager duties regarding procurement management. In order to discuss procurement management we need to first define what procurement management means in our society today. Procurement is the act of obtaining or buying goods and services. “The process includes preparation and processing of a demand as well as the end receipt and approval of payment. It often involves: (1) purchase planning, (2) standards determination, (3) specifications development, (4) supplier research and selection, (5) value analysis, (6) financing, (7) price negotiation, (8) making the purchase, (9) supply contract administration, (10) inventory control and stores, and (11) disposal...
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...in purchasing a new car from a local car dealer. While in the negotiating phase of the car buying process, Mr. Hartly informed the salesperson that he was looking to purchase a certain vehicle with a 3.2 liter V-6 engine and not the 3.9 liter model that was available, as he felt that the 3.2 liter engine would be more economical. Mr. Hartly signed a purchase contract for the vehicle with the 3.2 liter V-6 engine. Unbeknownst to either the salesperson or the buyer the manufacturer of the vehicle stopped manufacturing both the 3.2 liter and the 3.9 liter models and started equipping the car with a newly designed 3.5 liter engine. This paper will cover some of the impact of the above “mutual mistake” from the right of rescission, ethics, and UCC influence. ANALYSIS In the analysis that follows the questions that were posed to the class through the assignment will be covered more thoroughly below. Should parties to a sales contract be able to rescind a contract because of mutual mistake of fact? As you read through the information provided in the scenario you can see that there is an implied mutual mistake that has taken place. According to Twomey & Jennings (2014), “When both parties enter into a contract under a mutually mistaken understanding concerning a basic assumption of fact or law on which the contract is made, the contract is voidable by the adversely affected party if the mistake has a material effect on the agreed exchange” (pg. 273). In this case either party could...
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...http://www.activitymode.com/product/bus311-all-dqs-assignments-and-quizzes/ Contact us at: SUPPORT@ACTIVITYMODE.COM BUS311 ALL DQS ASSIGNMENTS AND QUIZZES BUS 311 Week 1 DQ 1 Applying the Law to a Set of Facts BUS 311 Week 1 DQ 2 Tort or Crime BUS 311 Week 1 Quiz BUS 311 Week 2 Critical Analysis Paper BUS 311 Week 2 DQ 1 Elements of a Contract BUS 311 Week 2 DQ 2 The Uniform Commercial Code (UCC) BUS 311 Week 2 Quiz BUS 311 Week 3 DQ 1 Employment-at Will BUS 311 Week 3 DQ 2 A Principal’s Responsibility for the Actions of Their Agent BUS 311 Week 3 Final Paper Prep BUS 311 Week 3 Journal Your Experience with Business Law BUS311 ALL DQS ASSIGNMENTS AND QUIZZES To purchase this visit following link: http://www.activitymode.com/product/bus311-all-dqs-assignments-and-quizzes/ Contact us at: SUPPORT@ACTIVITYMODE.COM BUS311 ALL DQS ASSIGNMENTS AND QUIZZES BUS 311 Week 1 DQ 1 Applying the Law to a Set of Facts BUS 311 Week 1 DQ 2 Tort or Crime BUS 311 Week 1 Quiz BUS 311 Week 2 Critical Analysis Paper BUS 311 Week 2 DQ 1 Elements of a Contract BUS 311 Week 2 DQ 2 The Uniform Commercial Code (UCC) BUS 311 Week 2 Quiz BUS 311 Week 3 DQ 1 Employment-at Will BUS 311 Week 3 DQ 2 A Principal’s Responsibility for the Actions of Their Agent BUS 311 Week 3 Final Paper Prep BUS 311 Week 3 Journal Your Experience with Business Law BUS311 ALL DQS ASSIGNMENTS AND QUIZZES To purchase this visit following link: http://www.activitymode.com/product/bus311-all-dqs-assignments-and-quizzes/ ...
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...for consideration to exist. Performance There must also be performance under the contract. Legal Capacity The persons entering into the contract must have legal capacity to enter into a contract and do so in good faith. Also, the purpose of the contract must be legal. Much of U.S. commercial contract law is now codified under the Uniform Commercial Code (UCC). Private organizations, including the American Law Institute and the National Conference of Commissioners on Uniform State Laws, analyzed common law precedents before drafting the UCC. The first draft of the UCC was adopted by most states in the 1950s and 1960s. The UCC is periodically updated to reflect current changes in law and to include new areas of law. The UCC has specific articles covering sales and leases of goods, negotiable instruments, bank deposits, funds transfers, letters of credit, bulk sales, warehouse receipts, investment securities, and secured transactions. The UCC is particularly important for business in outlining the rights and responsibilities of buyers and sellers in commercial sales. Another important article sets forth responsibilities between banks and their customers in honoring deposits and checks. The UCC helps clarify and provide consistency in U.S....
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...law/UCC uniform commercial code. UCC is for buying and selling goods, common law contract is for everything else, Party, subject matter, price,delivery, payment terms – all neds to be listed in common law Party and subject matter – 2 things for UCC- everything else is filled by the judge based on the reasonableness. Contract is a promise or set of promises for breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty. Contract is a set of voluntary promises that the law will enforce for private parties. Sources of Contract Law:/ Law that governs contracts 1) Common law * First law of contracts * Law decided by the judges and they used statutory law to interpret the common law * Common law applies to contracts that have land or services as their subject matter. Eg employment, home etc * Party, subject matter, price, delivery, payment terms * General treatment of the common law for contracts can be found in Restatement of Contracts 2) UCC – uniform commercial code * Common law lacks uniformity * Businesses experienced great difficutly and expense when they contracted across state lines because of differences in state contract common law * To address the need for uniformity, the National Conference of Commissioners on Uniform State Laws and the American Law Institute worked to draft a set of commercial laws appropriate for business people, lawyers, and law makers. The result was UCC ...
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...Uniform Commercial Code is a model act that includes comprehensive laws that cover most aspects of commercial transactions. All the states have enacted all or part of the UCC as statues (Cheeseman, H. R., p.245). This code is a set of laws that provide legal rules and regulations governing commercial or business dealings and transactions. It also regulates the transfer or sale of personal property. I think what occurred between Gadgets Galore and WidgetsRUS can possible be considered a breach of contract under the Uniform Commercial Code. Even though there was a verbal agreement and a written agreement WidgetsRUS failed to respond to in a timely manner. Therefore, under UCC terms, Gadgets Galore would be entitled to financial remedies equal...
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