Friday, May 16, 2014

Difference between Common Law of Contracts Vs UCC Law of Sales .


Difference between Common Law of Contracts Vs UCC Law of Sales

Every business is subject to laws of each state at which they operate. As law are different from state to state, doing business becomes very much difficult, in 1949 the national conference of commissioner promulgated the uniform commercial law, which contains uniform rules that governs business, and every state need to accomplish UCC as a commercial statue. As every state accept UCC, all business are subjected to common law in every state under UCC Article, it creates informality in legal matter in various state.

The following shows the difference between common law and UCC law of sales.
 Common Law of Contracts
 UCC Law of Sales
It applies to contracts of real estate, insurance, service, employment contracts, sale of other intangible assets
This law applies to sale of goods and securities. 
It doesn’t include sale of services.
Common law recognize firm offer rule: Any changes leads to rejection of offer.
Acceptance with minor changes does not cancel 
the offer as original terms are still enforceable.
Option contract are irrevocable
Merchant’s firm offers are irrevocable if it is
 writing with 3 months’ time period.
Contracts are modifiable only with additional consideration are placed.
No additional consideration is required if made 
in good faith
Offer should include Price, quantity, time of performance, identity of offeree, nature of work.
It include only quantity of goods to be valid
Contracts are discharged due to impossibility like insanity/death of parties concerned or destruction of subject matter.
Contract is discharged as per UCC only because 
of impracticability.

References

(2010, Jan 25). Differences between Common Law & UCC Sale: Retrieved from http://www.cpanet.com/cpa_forum/forum_posts.asp?TID=29832
Cheeseman, H. R. (2006). Formation of sales and lease contract. In Contemporary Business and Online Commerce Law fifth edi (pp. 286-298). Upper Saddle River, New Jersey : Person Education Inc.



                                                                                               


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