Preview

Common Law Contracts

Satisfactory Essays
Open Document
Open Document
390 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Common Law Contracts
UCC

Team Boys and a Chick

Law/421

11/3/12
Mr. Marmo
Uniform Commercial Codes

1) Does article 2 of the UCC apply to the contracts between Grocery Inc and their vendors?
Yes. In the scenario Grocery Inc is in contract with multiple vendors, both private (individual) and corporate vendors. Article 2 covers the sale of goods. Goods meaning that they can be moved during the time of purchase such as food products (Lawinfo.com, 2012). The UCC does not cover services like a membership, nor the sale of your home (because it can not be moved at the time of purchase). Also, not treat merchants and non merchants the same. An example of a merchant is a national grocery store and an example of a non-merchant is when your neighbor sells their vehicle.
2) Do common law contracts apply?
Yes, common law contracts also apply to the scenario. Article 2 only covers tangible items, and everything else is than governed by common law contracts. An example is Grocery Inc 's contracts with vendors are covered by the UCC because the involvement of the sale, but a vendor or an individual who stocks the shelving themselves (performing a service) would be covered under common laws.
Compare and Contrast: UCC and Common laws Besides the differences mentioned above, article 2 of the UCC and how common laws are implemented are very dependent on the contract and are completely circumstantial.
How does this relate to your profession? I think both article 2 and common law are incorporated into my profession. Well, considering I work at Applebees, a national chain of restaurants, which were once corporate but transitioning strongly into franchise depend, rely, and as contracted to a very specific group of vendors, but we also have liquor reps for various liquor companies we can work with that come into the restaurant, stock their liquor based on their marketing strategy, etc.

References
[pic][pic][pic]
Copyright © 1995 - 2012



References: [pic][pic][pic] Copyright © 1995 - 2012 LawInfo.com www.law.cornell.edu/ucc/2/overview. Copyright 1978, 1987, 1988, 1990, 1991, 1992, 1994, 1995, 1998, 2001, 2004 by The American Law Institute and the National Conference of Commissioners on Uniform State Laws; reproduced, published and distributed with the permission of the Permanent Editorial Board for the Uniform Commercial Code for the limited purposes of study, teaching, and academic research.

You May Also Find These Documents Helpful

  • Good Essays

    Mutual Mistake

    • 920 Words
    • 3 Pages

    Rivera, J. (2013, November 12). When does the UCC not apply to sale of goods? Legal Match. Retrieved from http://www.legalmatch.com/law-library/article/when-does-the-ucc-not-apply-to-a-sale-of-goods.html…

    • 920 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    1. Under Article 2 of the UCC dealing with the sale of goods, a contract is usually enforceable even if which of the following terms is omitted:…

    • 553 Words
    • 4 Pages
    Satisfactory Essays
  • Better Essays

    The Uniform Commercial Code (UCC) applies to sales contracts that are agreements for the sale of tangible, moveable goods (Melvin, Chapter 8, 2011). Therefore, the UCC Article 2 would apply to Grocery Inc. and the different vendors that are making agreements, but only if the contract was missing or had open terms. “Article 2 of the UCC acts to fill in only missing or open terms (where the parties have not expressly agreed otherwise) in a contract for the sale of goods” (Melvin, 2011, Chapter 8). Each contract agreement needs to be reviewed by both Grocery…

    • 1530 Words
    • 7 Pages
    Better Essays
  • Powerful Essays

    (Jason)  Supplier, Inc. (Bill) Grocery Inc. Uniform Commercial Code UNIFORM COMMERCIAL CODE (UCC) Article 2 Common Law Contract • Common law applies to contracts originated and/or performed within a single jurisdiction or state. • Common law applies to the employment contract between Grocery, Inc. and both Tom and Jeff in the store • • • Article 2 "applies only to contracts for the sale of goods) Artisale of goods…

    • 1103 Words
    • 8 Pages
    Powerful Essays
  • Satisfactory Essays

    LAW 421 WEEK 4

    • 478 Words
    • 2 Pages

    2. What facts may weigh in favor of or against Chou in terms of the parties’ objective intent to contract?…

    • 478 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Pa201 Unit 3 Assignment

    • 1241 Words
    • 5 Pages

    Facts: Samantha Smith, a young and single mother, was shopping in the bath aisle of the local grocery store in Indiana. At approximately 1:30 pm she slipped and fell on a clear shampoo that had leaked out of one of the bottles and onto the floor. The aisle had been inspected, logged as clear of any dangerous hazards at 1:00 pm by an older employee who requires glasses. As a result of the fall, Samantha was transported to the hospital where she was admitted overnight and diagnosed with a broken hip. She will require many months of physical therapy. Samantha has no healthcare insurance…

    • 1241 Words
    • 5 Pages
    Satisfactory Essays
  • Powerful Essays

    Chapter 19 Law

    • 3472 Words
    • 14 Pages

    UCC Article 2 differs from traditional contract law because it is more flexible and based on concepts of reasonableness and good faith. Some UCC sections apply a different standard to contracts between merchants.…

    • 3472 Words
    • 14 Pages
    Powerful Essays
  • Good Essays

    In conclusion, sales contracts are similar to common law contracts, but may also have distinct differences in terms of offer, acceptance, and consideration. The UCC was established to ease commerce amongst the states and has been adopted by all, at least in-part. The code protects buyers and sellers in Article 2, Sales, and provides laws to be followed in the absence of specific terms set forth in a sales contract. Merchants and non-merchants conducting sales transactions, and having knowledge of the UCC, place themselves at less risk, and in a better position to avoid…

    • 501 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Morrisons Pest Analysis

    • 2268 Words
    • 10 Pages

    UK laws set rules on conditions of competition in supermarket industry. Basically, Competition and Markets Authority is responsible for monitoring a healthy competition of industry players (UK Government,…

    • 2268 Words
    • 10 Pages
    Good Essays
  • Satisfactory Essays

    Threadless

    • 365 Words
    • 9 Pages

    4. If there is a conflict between common law and statute law which law prevails?…

    • 365 Words
    • 9 Pages
    Satisfactory Essays
  • Satisfactory Essays

    The Uniform Commercial Code (UCC), a comprehensive code addressing most aspects of commercial law, is generally viewed as one of the most important developments in American law. (Duke University School of Law, 2011). The UCC is a model code, so it does not have legal effect in a jurisdiction unless UCC provisions are enacted by the individual legislatures as statutes. Currently, the UCC (in whole or in part) has been enacted, with some local variation, in all 50 states, the District of Columbia, and the Virgin Islands. (Duke University School of Law, 2011).…

    • 723 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Contracts Outline

    • 7822 Words
    • 32 Pages

    UCC Article 1 & 2 (transaction in goods)- usually same as majority common law except in a few areas…

    • 7822 Words
    • 32 Pages
    Good Essays
  • Powerful Essays

    paralegal

    • 1529 Words
    • 6 Pages

    5. How many articles are presently included in the Uniform Commercial code and which article s devoted to the law of sales?…

    • 1529 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    Common Law Contracts

    • 1491 Words
    • 4 Pages

    Inc. Grocery, Uniform Commercial Code (UCC) Does Article 2 of the Uniform Commercial Code (UCC) apply to the contracts between Grocery, Inc. and its vendors? Do common law contracts apply? Explain your answer in detail. Your answer should compare and contrast law contracts and UCC Article 2 contracts. The Uniform Commercial Code (UCC) Article 2 applies only to contracts for the sale of goods. The definition of goods is defined as goods that are tangible, movable, or personal property. However, UCC Article 2 does not apply to real estate contracts or employment contracts. Common law contracts are for the sale of services or intangible items. UCC would only apply contracts that are established on actual sales and the way the sales are conducted. Contracts Grocery, Inc. would have with the vendors are normal contracts with only the shipping and payment terms using the UCC Article 2. Common law contracts are made between two individual parties. If Tom is willing to allow Jeff to work with him for the summer, then there are no contracts being affected. There would be no common law contract either due to Jeff is not of majority age. He is still considered a minor resulting in he cannot sign contracts and be held liable for such contracts. Grocery, Inc. Renovation Who Wins? Explain your answer. An injunction is a court order prohibiting the other party from performing a certain act. The petitioning party must show where if the injunction is not ordered, there will be irreparable damage or injury. A breach of contract occurs when one party fails to comply with a written legal contract. Specific performance is only considered when the act being performed is unique or rare. Grocery, Inc. must prove to where irreparable damage has occurred. This can be proven using the facts of the…

    • 1491 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Juvenile Justice Paper

    • 1496 Words
    • 6 Pages

    The waiver hearing is only required in states that require it in order to transfer a youthful offender to adult court for the alleged offense. Other states statutorily send youthful offenders to adult court for the alleged commission of specific crimes that are labeled violent in that state.…

    • 1496 Words
    • 6 Pages
    Better Essays