Ch+21-REVIEW-UCC-S10 - Ch 21 Contracts for Sale or Lease of...

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Unformatted text preview: Ch 21 - Contracts for Sale or Lease of Goods Under the UCC Dr. Deborah Pomeroy BLaw 2361 – S10 REVIEW--During the first half of the 20 th century in the U.S., trade and commerce changed rapidly and dramatically as advances in transportation, communication, and technology revolutionized the commercial world. But the law always lagged behind, developing much more slowly through case law than commercial practices did. In addition, the differences in laws among the states began to seriously hamper the free flow of nationwide commerce. . Thus, in 1942, two groups of lawyers and scholars—the ALI (American Law Institute, which does the “ Restatements ”) and NCCUSL (National Conference of Commissioners on Uniform State Laws, which develops “ model uniform laws ”) began the effort to draft a modern, national law of commerce. --The NCCUSL and ALI spent a decade debating and formulating the “ UNIFORM COMMERCIAL CODE ” ( UCC ) which is one of the few uniform sets of laws which were adopted by all 50 states virtually unchanged (except La. has not adopted Arts 2 and 2A which cover the sale and lease of goods). The UCC is divided into “ Articles ” and each article deals with an area of commerce. We will BRIEFLY look at Art. 2-Sale of Goods and Art. 2A-Lease of Goods.--The UCC attempts to meet the unique needs of the business world. It offers a contract law regarding the sale of goods that is more flexible than the common law, especially when merchants are dealing with other merchants .--BUT, the Code also requires a higher level of responsibility and duties from the merchants, especially when dealing with non-merchants .-- Some Code provisions apply only to merchants. Those who make a living by crafting business agreements are expected to understand the consequences of their words and deeds. Their actions are based on the unique customs and usages of commerce and the Code assumes that “ merchants ” are both aware of these commercial customs and use them in conducting their business. Under the UCC a MERCHANT is = one who routinely deals in the particular goods involved in any given transaction; 1--OR who appears to have special knowledge or skill in those goods because of his/her occupation; --OR who uses agents with special knowledge or skill in those goods....
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This note was uploaded on 09/24/2011 for the course BLAW 2361 taught by Professor Bible during the Spring '08 term at Texas State.

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Ch+21-REVIEW-UCC-S10 - Ch 21 Contracts for Sale or Lease of...

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