Business Law
Law of sales and Uniform Commercial Code

Business law in most cases deals with the laws governing sale of goods and the implications making sales. This paper aims to concentrate on the explanations regarding the UCC, which is the Uniform Commercial Code, and its effects on the governing of sale of goods in general. The article will also identify and critically explain the applications of the Uniform Commercial Code, which are relative to the Zabriskie Chevrolet Inc. Vs. Smith case. There will also be immense discussions related to the public policy considerations that are supportive of the Zabriskie case.

Law of sales and Uniform Commercial Code

The Uniform Commercial Code is an instituted committee that has the obligation to provide timely data and information together with providing training opportunities to the people engaging in commercial law, otherwise known as Business law. The code deals especially with the commercial transactions, and also the…...

Uniform Computer Information Transaction Act
The prevailing decade has been significantly marked as a decade of high technology and advancements. The most technological nations across the world have drifted from conventional and traditional brick and mortars business to the online rather the dot com era of advancements.

Either of the two generations of the dot com business advancement, accessibility and understandability remained the core issues. The very ideology that forms the mainstream of the e-commerce business is the exchange of goods and services for an equivalent amount of cash payment. The e-commerce business completes its phase of existence by means of the common modes that include

Business to business transaction

Business to consumer transactions

Consumer to consumer transaction

Business to government transaction

Government to business transaction

Consumer to government transaction

Government to consumer transaction

Because the basic condition to satisfy the online transaction involves the exchange of goods and services against the financial deposit or money.

When the point and involvement…...

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References

Alboukrek, K. (2003). Adapting to a New World of E-commerce: the Need for Uniform Consumer Protection in the International Electronic Marketplace. The George Washington International Law Review, 35(2), 425+. from Questia database:  http://www.questia.com/PM.qst?a=o&d=5036117158 

Bouchoux, D.E. (2001). Protecting Your Company's Intellectual Property: A Practical Guide to rademarks, Copyrights, Patents and Trade Secrets. New York: AMACOM. from Questia database:  http://www.questia.com/PM.qst?a=o&d=111445265 

Koslow, S.H. & Huerta, M.E. (Eds.). (2000). Electronic Collaboration in Science. Mahwah, NJ: Lawrence Erlbaum Associates, from Questia database:  http://www.questia.com/PM.qst?a=o&d=15472216 

Mahdi, S.A. (2001). Gateway to Arbitration: Issues of Contract Formation under the U.c.c. And the Enforceability of Arbitration Clauses Included in Standard Form Contracts Shipped with Goods. Northwestern University Law Review, 96(1), 403+. from Questia database:  http://www.questia.com/PM.qst?a=o&d=5035784172

UNIFOM LINEN LEASING COMPANY (U&L)
The Uniform Linen Leasing Company was first established in1942 as a small privately-owned company, it aid in production of services such as; renting, cleaning, maintaining and delivering workplace uniforms and lines to local restaurants and hospitals. The founders of the company are William and Charles Miller. The U&L due to technological adoption has grown and has expanded their services throughout the United States. It has increased their services to include rental lease and direct purchase programs.

The Uniform Linen Leasing company is facing competition, one of their largest threat is in the area of increased operational costs, these are rising due to the continuous growth of the company which as a result has led to rising labor wages, workers compensation an increase and aging retirement population with pension and miscellaneous benefits, rising state of unemployment insurance and rising healthcare costs.

The U&L Company put the people's interest first…...

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REFERENCES

Byrne Harlan. (2007)G&K services Inc.Acquisition to boost firms results

Tose additional taxes are determined at te local level, but Clark County does not impose tose additional taxes. Indiana is also one of te states tat impose state income taxes; terefore an employer in Indiana must prepare witolding information for its employees. Te general requirements of state income tax witolding in Indiana may be found in Ind. Code § 6-3-2.
Finally, in Indiana, business licenses and permits are a matter of local and county law, and tose requirements will be examined in te local law section.

Labor and wage issues are of major concern to employers and are covered by a wide range of laws, ranging from occupational safety issues to weter or not an employer can loan an employee money. An employer must understand all of tese laws in order to be in compliance wit state labor laws. Indiana maintains a state minimum wage, wic is governed by Ind. Code…...

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http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=379&page=241 

Katzenbach v. McClung, 379 U.S. 294 (1964). Retrieved from Findlaw website:

 http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=379&page=294 ?

com/html/HotLinks_LemonUCC.html).Therefore the law allows an assumption on the part of the buyer to believe that the vehicle is free from defect unless that defect has been disclosed prior to purchase (Uniform Commercial Code Summary (http://autopedia.com/html/HotLinks_LemonUCC.html).
The UCC mandates with regards to Lemon Law provision allows a buyer to reject a purchased vehicle and break the financial agreement if the vehicle is found to be defective within a reasonable time period from the purchase.

The time period that is considered to be reasonable is not clearly defined by the UCC however, it provides time for the buyer to take possession of the vehicle and have it inspected for defects by another party.

The Courts will decide this reasonable time to inspect based on the knowledge and experience of the buyer, the difficulty in discovering the defect, and the opportunity to discover the defect (Uniform Commercial Code Summary (http://autopedia.com/html/HotLinks_LemonUCC.html)."

In the named case the UCC provided…...

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References

New Jersey Lemon Law (accessed 3-9-07)

 http://www.lemonlaw.com/new_jersey_lemon_law.html 

UCC Overview (accessed 3-9-07)

  -- ,00.htmlhttp://www.michigan.gov/sos/0,1607,7-127-1631_8851-29412 

contract for sale must be made and signed by bot parties or by parties' autorized agent. All details must be clearly and specifically stated. Te contract must also satisfy all details of subsection and satisfies requirement unless recipient gives notice of complaint witin 10 days of signing contract. All tese contracts refer to goods of $5,000 or more.
A contract wic even toug it does not satisfy te details of subsection, may still be enforceable if:

buyer as specifically requested goods tat are custom-made just for im and would not be suitable for anoter if te party against wic claim for enforcement was made admits tat te original contract was enforceable but tat e sees no grounds for enforceability under tis or oter paragrap contract is also enforceable in regards to goods tat ave been paid for, accepted, and used.

Contracts may become unenforceable if not carried out witin te process of…...

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http://www2.gsu.edu/~rmipzb/contracts.htm

UNIFORM COMMERCIAL CODE - ARTICLE 2

 

Regulating commerce between the states was one of the overriding problems facing the drafters of the original U.S. Constitution. Under the Articles of Confederation, regulating such commerce was a significant problem so when the Constitution was being written the following language was incorporated to address the problem. In Article 1, Section 8 the Constitution states:
o regulate Commerce with foreign Nations, and among the several States,

and with the Indian ribes.

Further, in Article 1, Section 9 the Constitution states:

No ax or Duty shall be laid on Articles exported from any State. No Preference

shall be given by any Regulation of Commerce or Revenue to the Ports of one

State over those of another, nor shall Vessels bound to, or from one State

be obliged to enter, clear, or pay Duties in another.

he issue of the Federal Government's power to regulate interstate commerce was not largely contested until 1824 when the U.S. Supreme Court rendered its…...

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The distinction between selling and licensing is essentially focused on the ownership of the product. When a product is sold the purchaser is granted ownership and is free to use and dispose of the product in whatever fashion he or she feels is appropriate. In a licensing situation, however, the ownership of the product is retained by the vendor and the purchaser is afforded the right to use the product but in a limited fashion. The product owner retains the right of ultimate control subject to the licensing conditions granted to the licensee.

The drafting of the UCITA was originally intended to serve as an amendment to article 2 of the Uniform Commercial Code (UCC). Joining in the draftsmanship of the UCITA were the two organizations sharing responsibility over the management of the UCC, the American Law Institute (ALI) and the National Conference of Commissioners on Uniform State Laws (NCCUSL). Disputes related to the UCITA being imbalanced and unfair to software users eventually arose between the two organizations. Ultimately the ALI withdrew its support for the provisions of the UCITA. Without the ALI's support the enactment of the UCITA as an amendment to the UCC became impossible and the NCCUSL went forward with the approval of the UCITA as a standalone document.

Although the UCITA eventually received the approval of the NCCUSL committee, individual state approval has been slow in coming. Organizations such as the American Bar Association have openly opposed its approval. Patrick Thibodeau, (2003), ABA refuses to endorse UCITA, Retrieved November 27, 2010 from the World Wide Web: Computerworld.com/s/article.http://www.

JPMorgan Chase, in 2012, announced one of the greatest losses through high-risk gambles in securities investments, which are an essential foundation of the U.S. economy. The incidence that occurred in the summer of 2012 resulted in an estimated of $5.8 billion loss in one of the country's biggest banks. The bank's chief investment officer, Jamie Dimon, announced the loss in May 2012. The losses, according to the CIO, resulted from part of its corporate unit that made trades to hedge against risks. The CIO used traders engaged in bad trades by using derivatives hedge against public debt. Shares of JPMorgan considerably dropped following the incident. The case of JPMorgan bank fail is an example among other similar incidences in the U.S. ecent cases include the court case against the U.S. Bancorp unit over the collapse of Peregrine in 2012. Such incidence raises questions about the role of the administrative agencies…...

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References

Bradgate, R. & White, F. (2007). Commercial Law. New York, NY: Oxford University Press.

Fein, M. (2011). Securities Activities of Banks. New York, NY: Aspen Publishers Online.

Rob, A. (2008). Obedience as the foundation of fiduciary duty. Journal of Corporation Law, 34 (1), 43-97. Retrieved from  http://search.proquest.com/docview/220807548?accountid=45049 

Statsky, W. (2011). Essentials of Torts. New York, NY: Cengage Learning.

The things most frequently linked with product liability are negligence, strict liability, breach of warranty, and various consumer protection claims. A warranty is breached when the guarantee is broken or when goods are not as anticipated, at the time the sale takes place, whether or not the defect is obvious. The seller is responsible to make things right by giving a refund or replacement.
It is possible for a seller to disclaim warranties. This is usually done by a statement made by the seller that states that no other warranty is expressed or implied. The UCC covers the scope to which sellers may disclaim definite kinds of warranties such as the warranty of merchantability or fitness for a particular purpose, or even disclaim all warranties in the case of starting that the goods are sold as is. Seller can specifically disclaim warranties of merchantability and fitness for a particular function.…...

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References

Sale of Goods. (2010). Retrieved November 9, 2010, from Trans Legal Web site:

 http://www.translegal.com/lets/sale-of-goods 

Uniform Commercial Code. (2005). Retrieved November 9, 2010, from Cornell University Law

School Web site:  http://www.law.cornell.edu/ucc/ucc.table.html

UCC and NSF Checks
L. Jones

UCC and the Returned Check little wonton money, which burned out the bottom of his purse.

Sir Thomas More (1478-1535), Works

If one thing is sure in this financial world of ours, writing a check sure to bounce is a very bad thing. part from the messy ideas of morality and the duties of the upstanding citizen, it is a dangerous business, indeed, should one indulge in the practice either, willfully, or even mistakenly, yet with noticeable frequency.

In all states, knowingly writing a check with insufficient funds, or, in bank terminology, an NSF check, is a crime. Indeed, over 450 million so called "bounced checks" are written every year (in fact, some check recovery agencies put the number at closer to 700 million), and are the bane of commercial traders and service providers. For this reason, district attorneys countrywide are ready and able to prosecute unscrupulous check writers.

Even…...

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A www.lectlaw.com/def4/u021.htm.  http://www.law.cornell.edu/ucc/3/3-104.html 

http://www.cga.state.ct.us/2003/pub/Title42a.htm

www.state.ct.us/dob/pages/bchecks.htm.http://csmail.law.pace.edu/lawlib/legal/us-legal/judiciary/second-circuit/test3/98-9462.op

Statute of Limitations for Fraud

This refers to the maximum time legal action may be brought against someone for the commission of a fraud.

This Statute depends on the jurisdiction. Most federal crimes in general have up to 5 years to prosecute. Capital offenses, however, have no Statutes of limitation. Federal frauds carry 10 years Statutes of limitation. These include frauds committed against banks and financial institutions and involving passports or citizenship. Major frauds in the U.S. carry a seven-year limit. Tax frauds have a 6-year limit.

Legal action is usually begun upon the commission or discovery of the fraud.

Alaska, Kentucky and Missouri observe a 10-year limit for fraud. Limit for Alabama is only 2 years and Louisiana, only 1 year after the commission of the fraud.

Like murder and other crimes, fraud can overwhelm a victim's whole life.

Fraud is thus governed by this Statute of Limitations.

The reason for setting a time limit to…...

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BIBLIOGRAPHY

3 Taylor Klett, the Statute of Frauds, Chapter 15 (Sam Houston State University, 2006)

Uniform Commercial Code, Article 2 2-201 LII (2004)

Maurice Sellbinder, Criminal Fraud and Statute of Limitations (2013),

http://www.ehow.com/about_6597513_criminal-fraud-statute-limitations.html

Whitt v Teeter
American Business Legal Environment - American Business law is also known as commercial and corporate law. It governs all business and commercial transactions, but most consider it to be a branch of civil law that has evolved into a more specific level of focus. This form of law governs manufacture and distribution of goods, guarantees, accidents, corporate responsibilities, contracts, hiring practices, and the manufacture and sales of consumer goods. In the United States, unlike some other countries, commercial law is part of the purview of the U.S. Congress and the civil codes that govern laws between the states. This template came about based on needing to establish some sort of legal venue that would transcend individual state's jurisdictions so that goods could be transported between states and still have legal protection (Commercial Law, 2010). Many efforts have been made to create a more unified, "national" code that deals…...

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REFERENCES

Commercial Law. (2010). Cornell University Law School Legal Information Institute. Retrieved from:  http://www.law.cornell.edu/wex/Commercial_law 

How the Legal System Works. (2012). Find Law. Retrieved from:  http://public.findlaw.com/abaflg/flg-2-2a-4.html 

Introduction to the Court System. (2003). Syracuse University College of Law. Retrieved from: http://www.law.syr.edu/Pdfs/0Intro%20Court%20System.pdf

Is Workplace Sexual Harassment on the Rise? (April 16, 2010). SHRM Poll Online.

9. eturns - defines the condition under which the product can be returned, what procedures must be used, advance notice requirements, shipping issues and the like.

10. Damages - defines procedures for reporting, estimating and recovering damages if suffered by any party. This may include penalty payments with a defined upper limit for recovery.

11. Governing Law - defines the location where litigation will occur in the event that a breach of contract suit must be pursued through the court. The Mooters interest: This contract component would have defined Britain or France as the court for litigating recourse and recovery. With regard to the Mooters situation, different jurisdictions and applicable laws apply if this suit progresses to court.

The following contract components could have been included in the Mooters' sales contract; however, given its likely low monetary exposure, these contract components are likely unnecessary.

Entire Agreement - defines that no party can amend any…...

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References

Black's Law Dictionary. (1990). St. Paul, MN: West Publishing Co.

UN Convention on Contracts for the International Sales of Goods. (1980). [Online]. Available: http://www.uncitral.org/pdf/english/texts/sales/cisg/CISG.pdf.

Uniform Commercial Code - Article 1. (2008). Cornell University. [Online]. Available:  http://www.law.cornell.edu/ucc/1/ .

Contracts, Contract Law, And Society
Contract Law

Contracts are legally-binding agreements between two or more self-regulating parties for the purpose of furthering their commercial goals (Eisenberg, 1994). The elements of contracts, together with the laws that provide protections for the parties involved, are theoretically straightforward and appeal to common sense principles, but in practice the forging of contracts and their enforcement can at times be complex. The theories and principles that underlie contract law also remain somewhat controversial and refractory to unequivocal definitions (Schwartz & Scott, 2003). To gain a better understanding of why contracts are so important to society this essay will review the essential element of contracts and the theories supporting their use, from a social, economic, and legal perspective.

Elements of a Contract

The four basic elements of a contract are: (1) mutual assent, (2) consideration, (3) capacity, and (4) legality (Legal Information Institute, 2010). Mutual assent implies that both parties…...

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References

Contractors State License Board. (2012). What should I look for in a contract and binding agreements? California Department of Consumer Affairs. Retrieved from:  http://www.cslb.ca.gov/consumers/hireacontractor/contractsandbindingagreements.asp .

Eisenberg, M.A. (1994). Expression rules in contract law and problems of offer and acceptance. California Law Review, 82(5), 1127-1180.

"Legal Elements of a Contract." (n.d.). Kansas State University. Retrieved from  http://www.hfrr.k-state.edu/doc3109.ashx .

Legal Information Institute. (2002). U.C.C. -- Article 2 -- Sales (2002). Retrieved from:  http://www.law.cornell.edu/ucc/2 .

John, 18 and 17 years of age, are best friends during their senior year of High School. Both are going to college and decide to open a lawn care business over the summer to assist in tuition costs. The team sent out flyers to their neighborhood households offering to cut the grass for $20/week. Within a few days they have signed contracts with the Smith and Johnson family to maintain their lawns until September 15. Because of this, the team purchases a new lawn mower on credit from Mower Supply Company. The equipment is purchased in May.
The business is so successful Sam and John acquire more customers and are forced to set up a schedule that requires them to work long hours. Unfortunately, the Johnsons lose their jobs in July and are no longer able to pay Sam and John for lawn services. The team contends, however, that they…...