Unit Four IP
To do business not just on a national level but internationally one must know what is considered acceptable business to be sure that they know how we are to conduct good business relations. The uniform commercial code of 1952 is how we are to do business in our country but towards an international level we refer to the contracts for the international sale of goods (1980).
When we think of contract law we must look at all the facts when conducting international commerce or trade. It is a legitimate concern when doing business whether or not the laws of the other end is the same when doing trade. How does one rectify this matter in international trade? The uniform commercial code helps do that in America and the United Nations convention on contracts for the international sale of goods does this for doing trade international levels and has been ratified by over eighty countries. The Uniform Commercial Code
In 1952 the federal government took steps to integrate state laws to form one uniform code for commercial transactions. This code was a push to modernize contract law on a national basis. This code covers everything from sales, transfers, credit and secured transactions. This code helped influence the United Nations Convention on Contracts for the International Sale of Goods (international sales law). (Pace Law School , 2014) This code has been adopted by over eighty nations and determines an impressive amount of international trade. Sales
In the UCC article two (sales) deals with the sale of goods. Goods that are presented for sale are constructed by a contract. Article two refers to what is a good and the termination or cancelation of a contract as well. The difference between the two is termination is where one negates their duties as a power given to them by the contract. A cancelation is where one party can void the contract due to the other party’s breach of said contract. The CISG applies in sales contract were the two parties place of business are in different states (countries). The two parties are bound by the case of acceptance of an offer (contract). In the CISG the contract may become null and void on a breach basis and only if such a breach is unforeseen. Using the CISG laws over eighty countries chose to adopt these laws as practice in this international code whether or not it coincides with the laws of their own nation. (Pace Law School , 2014) In 2006 the Federal District Court found that in violation of article three (breach of contract) that the Schubert corporation improperly manufactured a packaging system that was initially commissioned by the TeeVee corporation thus creating a negligent breach of contract, the violation was over who had the right to use the invention of the BIOBOX. ( Federal District Court [New York], 2006) The background of the case is too long but to sum it up, he use to work at the TeeVee Corporation where he invented it while under their employment and then went to work at the Schubert Corporation where he modified it a little and then began its use there and laid the base for such a case. Accounts and third party
An account is a right of payment whether or not the monetary obligation is earned by performance. This may be for services or goods to be rendered. An account is also defined by the UCC as a line of credit or charge for further rendering of monitorial payment. (Pace Law School , 2014) The CISG dictates that an account is formed when the acceptance of a contract or the receipt of goods or services have been established. In the forms of accounts the customer must show and acknowledgment of the goods. In the CISG the term third party may refer to those who may use the product in a reasonable manner. In the UCC it states that a third party is anyone who is reasonably expected to use or consume the good produce by the manufacturer....
References: Federal District Court [New York]. (2006). TeeVee Tunes, Inc. et al v. Gerhard Schubert GmbH. Retrieved from CISG CASE PRESENTATION: http://cisgw3.law.pace.edu/cases/060823u1.html
Pace Law School . (2014). Institute of International . Retrieved from Pace Law School : http://www.cisg.law.pace.edu/
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