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UCC and the Sale of Products and Services - Essay Example

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Date: UCC and the Sale of Products and Services Laws and regulations have been made so as to harmonize various activities. This is the same case with transactions and the sale of good and services across states and boundaries…
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UCC and the Sale of Products and Services
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Download file to see previous pages The purpose of coming up with the act was to bring about substantial uniformity in trade laws and enhance flexibility within member states so as to meet local situations. The roles of the code relate to transactions involving movable or personal property, chief among them being modernizing the contract laws and creating exceptions from common law. However, the Uniform Commercial Code does not deal with real or immovable property. The code is a product of many private firms and consists of a recommendation of laws that need to be adopted by the states. A board has been enacted to oversee the enactment and has come up with various official comments. It does not have the power to act on the state but used the tool of courts to interpret the code and determine the effects of one or more provisions through harmonization with laws of other states that have adopted similar provisions. The code acts in general and governs the sale of goods by setting up provisions of uniformity of sales across the various places of operation. Several states have come up with adjustments so as to conform to the local procedures such as the elimination of hyphens, use of different titles, changes in the structure and creation of sub-divisions. All these are enhanced to create flexibility and uniformity in application of the code among the regions. The guiding rules of the code are to allow people to contract freely and fill all missing requirements when the agreements are oral. The role is to implement uniform trade and streamline all necessary items like checks process, note and other currency. The law acts to differentiate the merchants who are well equipped with business information they are in and the customer who lack information on product quality. The code also seeks to eliminate the use of legal structures when contracts are made so as to ensure free trade where lawyers do no interrupt or where legal documents are not prepared elaborately. The Uniform Commercial Code is governed by the tender, acceptance, rejection and revocation guidelines (TAAR). In the process of purchase, a buyer and can tender goods during the initial process and thus is entitled to reject products that do not meet the requirements of the agreement set. The buyer at the rejection stage is however required by the code to reject the goods within a reasonable time if problems arise within the goods (Miller & Alvin 53). At the acceptance stage, the purchase is done with the belief that the manufacturer will undertake to repair the problems which are under warranty. Besides that, a buyer may revoke the good and fail to accept them at the revocation stage. Zabriskie Chevrolet, Inc. v. Smith, 240 A. 2d 195 (1968) The case has been brought forward in relation to rejection. Mr. Zabriskie has purchased a new car and 1966 Chevrolet Biscayne and has provided a check as payment. Later on in the day, he travels in the same car which develops some problems after a two and a half miles drive. Immediately after noticing the problem, he orders that the check payment be stopped, but the dealer refuses claiming that the buyer, Mr. Zabriskie cannot reject the car. His argument is that he had already taken a trial round a block to test whether the car is proper and was satisfied and that this was a reasonable time to inspect the vehicle. It is held by the New Jersey Court that the first opportunity to inspect the car by the buyer is to check whether what ...Download file to see next pagesRead More
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