general business agreements) are controlled by the state’s common law made, form court decisions over the years. * The Uniform Commercial Code (UCC); the common law does not control contracts that are primarily for the sales of goods. They are controlled by UCC, a standardized collections of guidelines that govern the law of commercial transactions. Most states have adopted the UCC in whole or in part, making the UCC’s provisions part of the state’s codified laws
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manufacturing sub-sector for process heating, steam generation, onsite electricity generation, space heating, and petrochemical processing” (EIA.GOV, 2012, p.3). The descending trend in natural gas prices has lessened the cost of essential input for many commercial enterprises. Because short-term adaptability to take quick advantage of low natural gas costs is limited to this category, many of these enterprises that relied so much on natural gas as fuel closed down or went global in the late 1990s and
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I have to agree that it was Letisha’s responsibility and obligation to have read the entire contract before she entered into the agreement. If she did not want to read the contract, she should have asked a series of questions in which the salesperson for Sudson would have been obligated to answer them honestly. One of those questions should have been how the renewal and termination procedure is conducted after five years. I think Letisha may have some legal arguments that she could present in
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there was an acknowledged agreement or contract between BTT and Chou. Using the Mailbox rule, this e mail had a name at the bottom of the page, which is considered a signature on an electronic document (Melvin, 2011, p. 137). Under the Uniform Commercial Code (UCC), the statue of frauds applies to any
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PART A Business Forms of Organization SOLE PROPRIETORSHIP: A sole proprietorship business is owned by a single individual and is not legally differentiated from the owner. It is the simplest form of business as there is less paperwork and it is subject to fewer regulations and restrictions. It is not usually required to register as a business unless it operates under a fictitious name or provides supplies or services that require licensing. The owner has complete autonomy for all business
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million pieces. The statement used the bat to play baseball” could leave room to believe the plaintiff used the bat for other purposes. Shattering into a million pieces certainly violates the implied warranty of merchantability under the Uniform Commercial Code (“U.C.C.”). INDUSTRIA DE CALCADOS MARTINI LTDA. v. MAXWELL SHOE CO., INC. No. 92-P-1322 APPEALS COURT OF MASSACHUSETTS 36 Mass. App. Ct. 268; 630 N.E.2d 299; 1994 Mass. App. LEXIS 274; 23 U.C.C. Rep. Serv. 2d (Callaghan) 89 December 20, 1993
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Rules of offer and acceptance in a contract Offer and acceptance are elements required for the formation of a legally binding contract: the expression of an offer to contract on certain terms by one person (the "offeror") to another person (the "offeree"), and an indication by the offeree of its acceptance of those terms. The other elements traditionally required for a legally binding contract are (i) consideration and (ii) an intention to create legal relations. Offer and acceptance analysis
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categories of law. This law encompasses the legalities of copyrights, trademarks, patents, industrial design rights, and trade secrets. Legal property rights are defensible in a court of law, and are further defined by article 9 on the Uniform Commercial Code (U.C.C). To expand on creations of the human mind, intellectual property is further broken down into two categories: industrial rights and copyright protection. Industrial property encompasses the likes of inventions (patents), trademarks
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Corporation Case Brief Issue: This is a case of breach of an express warranty, subsequent decision, and appeal in the State of Kansas and the issue is whether or not breach of an express warranty warrants an award of damages under the Uniform Commercial Code. Facts: Harold Brown, TransAmerica's president, purchased 10 production injection packers typically used for temporary purposes, but advertised as a permanent solution. With most shipments, an invoice was included that contained language
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decided to choose Common Law over the Uniform Commercial Code (UCC) because if any changes are made it will lead to the rejection of the initial offer rather than not having much of an impact like the UCC law would by treating it the same. The contract in Common Law would have to be modified with additional consideration in order to make any changes where the UCC it would not impact the original offer and if signed in writing it would not revoke that contract. The UCC is more interested in quantity and
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